Rekonstruksi Hukum Kedudukan Notaris sebagai Pejabat Umum dalam Pembuatan Akta Autentik Berbasis Nilai Keseimbangan Hak dan Kewajiban

Abstract

The position of a Notary as a General Official making an authentic deed has not been based on the value of the balance of rights and obligations, because the percentage between obligations and rights regulated in the UUJN is very unequal, Article 15 paragraph (1) of the UUJN as an inhibiting factor for Notaries to make all authentic deeds that are not submitted to PNS and / or State Administration Agency / Officials, Notary risks when carrying out office duties, and several Regulations of the Minister of Law and Human Rights that are contrary to UUJN. The method used is a normative legal research method. Data were collected through the literature and analyzed qualitatively. The results of the study show: first, Notaries experience obstacles when making all authentic deeds due to the phrase: "as long as it is not given to other officials stipulated by law" contained in Article 15 paragraph (1) UUJN; unbalanced regulation of Notary rights and obligations in UUJN and in other laws and regulations relating to Notaries; second, Notaries face legal risks when they do not apply the precautionary principle when carrying out their duties, namely administrative, civil, and criminal sanctions, and conduct a judicial review of the Permenkumham which contradicts the UUJN to the Supreme Court; third, efforts to realize the value base of the balance of rights and obligations, namely by revising the UUJN, reviewing the articles in the UUJN that hinder the realization of a balance of rights and obligations to the Constitutional Court, and waiting for a progressive court decision on the case of a Notary who is brought before the court.