HAK INGKAR NOTARIS SEBAGAI WUJUD PERLINDUNGAN HUKUM

Abstrak

A notary is an extension of the government  which is authorized to carry out past of the state’s task of issuing written evidence in the form of an authentic deed, in which the notary obtains information form the parties entrusting all their statements to the notary therefore the position of a notary is a position of trust. As a public official, a notary is not only bound to the rules of office but also bound to the oath where the notary must keep the contents of the deed and all information obtained.

Along with the changing times, it is often a notary being summoned for questioning as a witness related to the deed made before notary. Based on the Decision of the Constitution of the Republic of Indonesia Number 49/PUU-X/2012 which eliminates the phrase with the approval of the Regional Supervisory Board (MPD) authority in providing protection on the notary becames obliterated.

Related to that matter, based on the provisions og Article 66 of the Amendeed Law on Position of Notary of Law Number 2 Year 2014, the Honorary Council of Notary (MKN) was established, which one of its functions is to determine whether to refuse or to give approval to the summon of a notary. If it passes from the specified time limit the MKN is deemed to used as the opening key of the submission of the Denial Right.

Keywords : Authentic Deed, Legal Protection, Denial Right of Natary