Based on Article 66
paragraph (1) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of
2004 concerning the Position of Notary, it clearly states that only the Notary
Honorary Council can approve the summons and/or collection of the Minutes of
the Deed and/or letters attached to the minutes of the deed or the Notary
protocol in the Notary's storage. However, in reality, some cases are
permitted, and those that are not allowed by the Aceh Region Notary Honorary
Council to be examined by investigators.
Based on the background
above, this study aims to analyze the problem of the position of the Notary
Honorary Council regarding the summons of notaries by investigators, the
considerations of the Notary Honorary Council in granting permission for
investigators to examine notaries suspected of committing criminal acts and the
legal efforts that notaries can take against the decision of the Notary
Honorary Council regarding the approval of investigators' requests.
The research method used
in this study is empirical juridical, which is a type of sociological, legal
research or field research that examines applicable legal provisions and what
happens in reality in society. Data collection is carried out by interviewing
related parties to answer the problems in this study.
The study results show
that the Notary Honorary Council acts as a body with the authority to carry out
Notary guidance and the obligation to provide approval or rejection for
investigation and the judicial process. The approval given by the Notary
Honorary Council to investigators is based on considerations of alleged
criminal acts or assisting law enforcement in collecting evidence to detain
suspects of criminal acts. The legal efforts that a notary can take if they do
not accept the Notary Honorary Council decides to file a civil lawsuit for
compensation to the District Court.
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