| dc.description.abstract | Notary position as a public official is grounded on the provisions
stipulated in Article 1 of the Law Number 2/2014 on the Amendment to the Law
Number 30/2004 on Notary Position (Notarial Act). As a public official, a Notary
is allowed to run state office and to perform state duty to provide public service
with authority and obligations as regulated in Article 15 of the Notarial Act. One
of the functions performed by a Notary as a public official is to legalize
certificates; in addition, a Notary is also allowed to exercise the authority of
PPAT (Officials Empowered to Draw up Land Deeds) to draw up land deeds.
These articles authorize a Notary to do anything as a public official that their
authority is not limited in the society. Hence, Notary position is necessary to be
emphasized as an individual in the society who has authority as a public official
in order that they have legal certainty in exercising their authority.
This normative research employs normative juridical method, putting an
emphasis on the data consisting of primary and secondary legal materials. These
data are analyzed by qualitative data analysis in which the data are logically and
systematically categorized and organized. The conclusions are drawn by using
deductive method.
This research concludes that Notary position as a public official is
regulated in Article 1868 of Indonesian Civil Code, stating that an authentic deed
shall have a position as a public official and in Article 1 number 1 of the Notarial
Act, stating that a Notary is a public official authorized to draw up authentic
deeds and other authorities. The implementation of public official’s function
carried out by a Notary is stipulated in Article 15 paragraph (2) of the Notarial
Act on other authorities of a Notary. As an element of public function, a Notary is
also obliged to help society (public) who need authentic evidence regarding a
legal action and as a state official, a Notary can carry out some of his public
functions mandated by the state. The liability of a Notary as a public official is to
be responsible for the authorities he has exercised in civil process concerning
society who have used his service. A Notary is present on the demand of legal
regulations as the implementation of the state in providing service to society with
the intention of authentic legal action. It is recommended that Notary position as
a public official in Indonesia be socialized. It is expected that a Notary be
conscientious in exercising his authorities as the implementation of functions of a
public official. Thus, a Notary shall be theoretically and practically professional.
It is also suggested that as a public official, a Notary be assisted by Indonesian
Notary Association in performing his functions as a public official. | en_US |
