Inclusion of Notary Self-Protection Clause in Authentic Deed Reviewed from Notary Department Law and Notary Code of Ethics

Abstract

A notary is a public official who has a very important role and position in the life of the nation and state. Notaries are authorized to make authentic deeds and have other authorities as referred to Notary Position Law or based on other laws. Authentic deeds made by a notary in practice are often disputed by one party or another because it is considered detrimental to their interests. The existence of a problem between the parties in the notary deed then involves the notary in the examination and settlement process. This makes the Notary dragged by the lawsuit filed by the litigants in the deed. Therefore, Notary public wants to strengthen their own protection by adding /including a self-protection clause in their deed. This study aims to analyze the inclusion of notary self-protection clauses in authentic deed based on the law of notary positions and notary code of ethics. This research is normative and empirical, with data collection tools in the form of document studies and sample collection through interview methods. Types and sources of data consisting of primary data and secondary data. Processing of data by editing and analyzing data by means of quantitative and qualitative analysis. This study uses several approach methods such as: the statute approach, the conceptual approach, the case approach, and the sociological approach. The researcher wants to conduct research at the Notary's office located in the area of Mataram City and West Lombok Regency, West Nusa Tenggara. The results showed that the inclusion of a notary self-protection clause in a notary deed has no legal basis. It can be said that because in Article 38 of the Law on Notary Positions which outlines the systematics of each notary deed, there is no provision that regulates the notary self-protection clause. This is also in accordance with the provisions of Article 53 of the Law on Notary Positions that the notary deed is not allowed to regulate provisions that give rights and/or benefits to the notary himself. Therefore, the inclusion of a notary self-protection clause in the notary deed is considered inappropriate and deviates from existing rules.

Keywords: Notary, authentic deed, notary code of ethics, self-protection clause.

DOI: 10.7176/JLPG/112-03

Publication date:August 31^st 2021