ANALISIS YURIDIS TENTANG HAK INGKAR NOTARIS DALAM HAL PEMERIKSAAN MENURUT UNDANG-UNDANG JABATAN NOTARIS DAN KODE ETIK NOTARIS

English

  • Bagus Gede Ardiartha Prabawa Kantor Notaris
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Abstrak

     A notary in running his position as a public official, other than related to a regulatory office, also related to the oath of office taken at the time appointed as a notary which she / he is obliged to keep the contents of the deed and the information obtained as stipulated in Article 4 (2) UUJN Article 170 paragraph (1) Criminal Procedure Code, Article 1909 paragraph (2) of the Civil Code, Article 322 paragraph (1) of the Criminal Code. However, under the provisions of Aticle 54 paragraph (1) and Article 66 paragraph (1), impressed a notary deed can tell the content to parties having unauthorized access to it such as the police provided that it is supported by the legislation. As for the legal issues in this study, they include the setting of refusal rights of notaries in the event of examination to notaries according to UUJN and Code Ethics and the legal settlement if the notary uses his refusal rights at the time of exmination.


     Research methods of this thesis were normative legal research methods and approach used in this study were statute approach and case approach. Then, legal materials used were the primary legal materials, secondary, and tertiary legal materials which were then analyzed by qualificative juridical analysis techniques.


          The results of the research in this thesis showed that the arrangements of refusal rights of the notary office lies on his/her oath, ordering to keep the contents of the deed confidential as stipulated in Article 4 and Article 16 in UUJN, as well as Article 322 paragraph (1) of Criminal Code. Such articles do not apply if the other Act orders to unlock the secrets and provide information / statement to those who request it. The legal consequences for a notary in the exercise of his refusal rights in court is that a notary must be freed from the obligation as a witness or from testifying in court and freed notary from any claims of the interested parties when the refusal rights are rejected by the judge / court or by provisions of the law tha he is obliged to testify in court.

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Diterbitkan
2017-04-03
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PRABAWA, Bagus Gede Ardiartha. ANALISIS YURIDIS TENTANG HAK INGKAR NOTARIS DALAM HAL PEMERIKSAAN MENURUT UNDANG-UNDANG JABATAN NOTARIS DAN KODE ETIK NOTARIS. Acta Comitas, [S.l.], v. 2, n. 1, p. 98-110, apr. 2017. ISSN 2502-7573. Tersedia pada: <http://ojs.unud.ac.id/index.php/actacomitas/article/view/34261>. Tanggal Akses: 15 sep. 2025 doi: https://doi.org/10.24843/AC.2017.v02.i01.p09.
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Terbitan
Vol 2 No 1 (2017)
Bagian
Articles


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