Juridical Analysis of the Notary's Position as a Witness in Trials Is Linked to the Notary's Right To Refuse
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 06
Abstract
The importance of the Notary's role as an official who witnesses the execution of a legitimate deed cannot be overstated. Notaries have the option to retract their statements, but occasionally they are called upon to give testimony. This study is to investigate notaries' status as witnesses in court proceedings and to assess the legal safeguards afforded to them about their refusal rights. Normative juridical research methodology is used. Secondary data is the kind of data that is used. Techniques for analyzing data that combine deductive reasoning and qualitative analysis. The results of this research are: first, The role of a Notary as a witness in a trial is essentially governed by the UUJN. Notaries are not required by laws to testify; in fact, their Oath of Office and Article 16 of the UUJN forbid them from speaking, not even in front of the court. Notaries have the prerogative and duty to refuse. To finish the legal process in court, the Notary must, however, also represent the state's interests. The Notary must testify during the trial if mandated by law. Notaries cannot decline to be used as witnesses without the approval of the Notary Honorary Council, in accordance with the provisions of Article 66 UUJN. Instead, notaries must be able to control when to speak and when to remain silent. Second, In order to testify in court, notaries are granted legal protection as Public Officials. Protection of Notaries as witnesses in criminal cases following the publication of Constitutional Court Decision No. 49/PUU-X/2012, which states that summoning a notary public requires first going via the Honorary Council of Notaries in compliance with Article 66 UUJN regulations. The rights and obligations of a Notary as stated in the Notary's oath of office, Article 16 paragraph (1) letter e and Article 54 UUJN, Article 1909 paragraph (3) of the Civil Code, and Article 322 of the Criminal Code also provide protection for notaries.
Authors and Affiliations
Adtlah Almuntas, Mohammad Jamin, Muhammad Rustamaji
Keywords
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- EP ID EP736351
- DOI 10.47191/ijsshr/v7-i06-18
- Views 37
- Downloads 0
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