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63 J.L. Pol'y & Globalization 57 (2017)
Effectiveness of Application Article 18 Regulation of the Minister of Law and Human Rights Number 7 Year 2016 to the Role of the Notary Honorary Assembly in Protecting Notary Professions: Case Study in Bengkulu City

handle is hein.journals/jawpglob63 and id is 59 raw text is: 


Journal of Law, Policy and Globalization                                                      iiste on
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.63, 2017


Effectiveness of Application Article 18 Regulation of the Minister
of   Law and Human Rights Number 7 Year 2016 to the Role of the

    Notary Honorary Assembly in Protecting Notary Professions:

                             Case Study in Bengkulu City

                       Chaterin Istarina  Muchamad   Ali Safa'at2 Prija Djatmika3
 Master Program Notary Kenotariatan, Postgraduate Faculty of Law Brawijaya University, Ji. MT. Haryono 169
                                             Malang 65145

Abstract
The  writing of this journal aims to know and analyze the effectiveness of the application of Article 18 of
Regulation of the Minister of Justice and Human Rights No. 7 of 2016 on the role of the Notary Public Honor
Council in protecting the Notary profession in Bengkulu City and to find a fornulation of the regulation on the
protection of the Notary profession granted by the Assembly Honor Notary to ensure legal certainty in the future
Keywords:  Legal Effectiveness, Legal Protection, Honorary Board of Notary, Profession Notary.

A.      Background
In view of the vulnerability of the Notary profession of bondage law that can bound any time, the urgency of
the presence of an institution or body that can protect the Notary profession would be highly desirable. When
referring to Law No. 2 of 2014 on the Amendment to Law  Number  30 Year 2004  about Notary's Office Law
(hereinafter abbreviated NOL), then the legal protection for the profession of Notary especially in the
investigation process has been provided for in Article 66, where protection Notary legal profession under Article
66 NOL  was given by the Honorary Council of Notaries (hereinafter abbreviated HCN).
     The beginning of the establishment of the HCN itself has been through a long debate. In the history of its
development, the birth of HCN preceded by the inception of the Council of Regional Supervisor (hereinafter
referred to as CRS) are arranged on Law No.  30 of 2004 concerning Notary as a rule earlier, but after the
issuance of the Constitutional Court Decision Number 49 / PUU-X / 2013 that repeal article 66 paragraph 1 of
Law  No.  30 of 2004  concerning Notary office, which Article 66 paragraph (1) of Law  No.  30 of 2004
concerning Notary office.
     In its consideration, the Constitutional Court declares that the judicial process to retrieve documents that
have been kept by Notary and call Notary to be present in the examination relating to the documents made it is
not necessary to seek approval from the CRS. The approval procedure is deemed to be contrary to the principle
of equal protection as guaranteed by the 1945 Constitution of the Republic of Indonesia (hereinafter referred to
as the 1945  Constitution). According to the Constitutional Court, the different treatment of Notary can be
justified as long as the treatment is included in the code of Notary Ethics namely attitude, behavior, and deed of
Notary related to morality. Notary as a citizen in the process of law enforcement at all stages must be applied
equally before the law as guaranteed Article 27 paragraph (1) and Article 18D paragraph (3) UUDRI 1945.
     The Constitutional Court at that time assessed the provision requiring CRS approval to be contrary to the
principle of independence in the judicial process and contrary to the obligation of a Notary as a citizen. That way
will avoid a protracted judicial process that resulted in protracted efforts to enforce justice that can eventually
lead to denial of justice itself.
     Due to loss of role of CRS at that time really big impact because one of function of CRS that is doing
coaching  and  supervision to profession Notary.  In various kenotariatan discussion groups, there  are
disappointments and concerns over some unscrupulous Notarized Persons who are negligent in performing their
duties, which then affects the many assumptions that the Notary performs his duties and authority is not
professional.
     Some  of the  problems recorded  include internal problems, lack of knowledge  and  legal skills of
kenotariatan, lack of professionalism in providing legal services, the potential for incompetence in menjalanakan
position with the alleged existence of the practice of price war which resulted in the free fall of the economic
price of a deed. Internal issues such as Notary positions often make the Notary's position in legal issues both
criminal and civil. Not a few also questioned where the role of Notary organizations in fixing all these things.
     The above conditions must surely get serious attention from the Notaries with full awareness and aspiration
to restore the dignity of the Notary profession. Departure from the reality, then the new NOL was born as a

1 Student of Master of Notary of Faculty of Law, Brawijaya University Malang
2 Supervisor I, Lecturer Master of Notary of Law Faculty, Brawijaya University Malang
3 Supervisor II, Lecturer Master of Notary of Faculty of Law Brawijaya University Malang.


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