| dc.description.abstract | A notary is a public official granted the authority to draw up an authentic deed and other authorities as referred to Law of Notary Number 2/2014 on the Amendment to Law Number 30/2004 on Notary Position. A notary shall act professionally in performing his/her profession, and shall take account of the limitations that have been regulated. However, there are still some violations concerning concurrent positions held by notaries. The prohibition for a notary to hold concurrent positions is alsa regulated under Article 3 of Notary Code of Conduct and Article 4 on Notary, Occupational Oath in Law Number 30/2004. This research focuses on the analysis of problems related to reasons why a notary is prohibited to hold concurrent positions as head of political party, how the Notary Supervisory Council monitors the notaries who hold concurrent positions as the head of political party, and the legal consequences for Notary and the Deeds they issued are if the notary holds the concurrent position as the head of political party
The theory employed in this research is the theory of nation of laws, theory of certainty of law, and theory of legal protection. Juridical normative method is used in this research with the nature of descriptive analysis. The research uses secondary data supported by primary data to complete the data collected through interviews with informants to obtain related information Secondary data are collected from 3 (three) data sources, namely primary secondary and tertiary legal materials, by means of library research and field research as the data collection techniques and instruments, respectively. The data are analyzed qualitatively and the conclusion is drawn deductively
A strict Law is required to prohibit notaries to hold concurrent positions as the head of political party. The supervision toward notaries who hold concurrent positions as the head of political party can be conducted by both the Supervisory Council of Notaries and Notary Honorary Council with different authorities respectively. Notaries also must take account of the prevailing legal rules when exercising their positions. Therefore, they can achieve a work balance for both positions. It can be concluded that the notary action to hold concurrent positions as the head of political party leads to sanctions, namely sanctions stipulated in the Regulation of Ministry of Law and Human Rights Number 16/2021 on Organizational Structure and Working Procedure. Procedure of Appointment and Dismissal, and Budgeting of Notary Supervisory Council. Notary Supervisory Council must conduct stricter supervision toward the Notaries to prevent the practice of concurrent positions. | en_US |
