Reformulasi Norma Tentang Sanksi Pemberhentian Sementara Bagi Notaris Yang Sedang Menjalani Masa Penahanan (Dalam Undang-undang Nomor 2 Tahun 2014 Tentang Jabatan Notaris)

Abstract

This research examines the Reformulation of Norms Regarding Sanctions for Temporary Dismissal for Notaries Who Are Undergoing a Period of Detention (In Law Number 2 of 2014 concerning Notary Position). The formulation of the problem in this study is how the implementation of temporary dismissal for notaries who are undergoing a period of detention, as well as the legal consequences if the sanction is not imposed on Notaries who have been detained and are still making deeds, and how the reformulation of Article 9 of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Offices which regulates the sanction of temporary dismissal for Notaries who are undergoing a period of detention. This type of research is normative supported by primary data, namely by conducting interviews, the research approach uses a statutory approach by examining all laws and regulations and legal issues being addressed. The results of the study are first, the implementation of temporary dismissal sanctions is carried out by the MPD which conducts an examination of the Notary who is detained, after which the MPD forwards to the MPW, then the MPW proposes to the MPP so that a Decree on temporary dismissal sanctions is immediately made, but the sanctions do not work properly, because there is no strict action from the MPD and Notaries who seem to ignore the sanctions given by the MPD. Second, if the detained Notary continues to make a deed, the legal consequences are that the deed can be degraded and is no longer an authentic deed but only an underhand deed, the deed is also invalid to be used properly. Third, the reformulation of Article 9 of Law Number 2 Year 2014 must be carried out immediately, considering that the current UUJN does not regulate in more detail the period of validity of the temporary suspension sanction for Notaries who are undergoing a period of detention, because in the UUJN the maximum length of the temporary suspension sanction is only 6 months, while if the Notary is detained, then to follow a series of judicial processes takes more than 1 year. The author's suggestion is that the imposition of temporary dismissal sanctions for Notaries who are undergoing a period of detention should be for a period of time until the Notary completes the entire series of judicial processes, with a record of the crime committed by the Notary is that the penalty is less than five years.