Conducting Investigations Against Notaries on Alleged Crimes of Fraud and Embezzlement in the Conception of Legal Certainty

Abstract

This study aims to determine and analyze the effectiveness of law enforcement against narcotics crimes in order to suppress the illicit trafficking of narcotics in the jurisdiction of the Semarang Police, and to analyze the obstacles in law enforcement against narcotics crimes in order to suppress the illicit trafficking of narcotics in the jurisdiction of the Semarang Police. The approach method used is sociological juridical, descriptive analytical research specifications, types and sources of data using primary and secondary data, data collection methods are field studies and literature studies, while the data analysis method uses qualitative analysis. The results of the study indicate that law enforcement against narcotics crimes in order to suppress the illicit trafficking of narcotics in the jurisdiction of the Semarang Police Station has not been effective, which is indicated by an increase in cases and the number of suspects. Obstacles in law enforcement against narcotics crimes in order to suppress the illicit circulation of narcotics in the jurisdiction of the Semarang Police, namely the limited operational personnel that is not proportional to the area of Semarang Regency, the existence of a network break method in the illicit trafficking of narcotics, the perpetrators protect each other when one of the network members caught, the narcotics evidence is destroyed by the suspect. The solution to overcome this is to approach the arrested suspect, do a urine/blood test, the suspect is declared negative, while evidence is not found, then the suspect will be released, but further investigation will be carried out in a closed manner. The obstacles resulted in the ineffectiveness of law enforcement against narcotics crimes in suppressing narcotics circulation in the jurisdiction of the Semarang Police.
One of the criminal charges that can be imposed on a notary is embezzlement as regulated in Article 372 of the Criminal Code and the crime of fraud as regulated in Article 378 of the Criminal Code. Thus the notary in carrying out his duties and positions must always be guided by the legislation, code of ethics, and morals because if there is a violation committed by a notary, it will be very detrimental to the parties. This writing aims to find out and analyze the implementation of investigations into criminal acts of fraud and embezzlement carried out by a Notary and the Notary's responsibility for criminal acts of fraud and embezzlement committed in carrying out his position.
The use of the sociological juridical approach in legal research is due to the fact that the problems studied are closely related to juridical and sociological factors. That is, the object of the problem studied here does not only concern the problems regulated in the legislation, but the problems studied are also related to sociological factors. The analytical knife in this paper uses the theory of legal certainty and the theory of legal responsibility.
The investigation of criminal acts of fraud and embezzlement carried out by a Notary includes: Summoning of Suspects/Witnesses/Experts is carried out in writing by issuing summons on the basis of Police Reports and Investigation Orders and in accordance with the provisions of laws and regulations, Conducting Investigations, Sports Activities Case Events, Confiscation, Examination of Witnesses and Suspects, Arrest, Detention, Settlement and Submission of Case Files to the Public Prosecutor. Notaries are criminally responsible when in the process of proving that the notary is proven to have committed a crime or error. The Notary Position Act and the notary code of ethics do not regulate the criminal responsibility of the notary to the deed he made when he is proven to have violated the criminal law. The UUJN only regulates the provisions of civil and administrative legal sanctions, however, the responsibility of the Notary is criminally imposed if the Notary is proven to have committed a criminal act.

 Keywords: Investigation; Notary Public; Criminal act.