The Position of Notary Assembly of Honor or Ethics in the Case of Presumption of Criminal Act in Relation to Notary Public
Journal Title: Academic Research International - Year 2015, Vol 6, Issue 3
Abstract
Indonesian Constitution states that republican state of Indonesia is constitutional state, as in the article 1 point 3 of 1945 Constitution that Indonesia is constitutional state. The main objective of the principle of constitutional state is to ensure legal certainty [law enforcement], order, and legal protection to all Indonesian people based on truth and Justice. The essence of legal protection is to provide sense of safety by the law to everybody, in accordance with their professions including notary Public. The question examined here is what is legal implication of devising legal protection to notary Public in the Act No 30 of 2004 on revision of Indonesian Act no 30 of 2004 on notary public against the verdict of the Constitutional Court No 49/PUU-X/2012? Research method applied to answer the question or the problem is normative study, with legislation approach, conceptual approach, and historical approach. Based on research findings that in the case of presumption of criminal act relating to notary public, in every process of examination (proceedings) relating to notary public, approval by majelis kehormatan notaris (notary assembly of honor or ethics) is a must, as stated in article 66 point 1 of the Act No 2 of 2014 on revision of the Act No 30 of 2004 on notary public.
Authors and Affiliations
Ida Bagus Subawa, Sudarsono , A. Rahmad Budiono
Keywords
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