Open AccessDue to the Law of Notary That Compare Criminal Law Acts That Have Permanent Law Power and Their Implication on the Notary Protocol
Author(s) -
Adhitia Rully Saputra,
Elwi Danil,
Beatrix Benni
Publication year - 2021
Publication title -
international journal of multicultural and multireligious understanding
Language(s) - English
Resource type - Journals
ISSN - 2364-5369
DOI - 10.18415/ijmmu.v8i10.3077
Subject(s) - law , harm , punishment (psychology) , dismissal , political science , language change , state (computer science) , sociology , psychology , social psychology , art , literature , algorithm , computer science
Notaries as one of the legal professions are not immune from mistakes that will eventually lead to a notary profession in violating the UUJN-P and the Code of Ethics and some even have the potential for punishment. Given that the role and authority of a Notary is very important in social life, the behavior and actions of a Notary in carrying out the function of authority are vulnerable to abuse that can cause harm to the community. Notaries who act outside the authority that has been determined by law can be categorized as unlawful acts. As has been tried in the Class IA Padang District Court with Decision Number 27/Pid.Sus/TPK/2016/PN-Pdg. In this case, the Notary was accused of corruption in land acquisition for Campus III of the State Islamic Institute (IAIN) Imam Bonjol Padang (now UIN Imam Bonjol). The formulation of the problem in this study are: a). What are the legal consequences for a Notary who commits a criminal act that has permanent legal force? b). What are the implications of the Notary's dismissal on the Notary Protocol? The approach used in this research is empirical juridical. This study uses primary and secondary data. Data were analyzed qualitatively. The results of the study show that: 1) The Notary was dishonorably dismissed by the Minister because it was proven legally that he had committed a criminal act of corruption which had permanent legal force, but the implementation process took a long time because it was waiting for the Minister's decision on the dismissal of the Notary. 2). With the dismissal of a Notary who commits a criminal act that has permanent legal force, the Notary Protocol must be handed over to the Notary receiving the Protocol appointed by the Minister.