Neng Laura Rakhmatul Uyuni, Mispansyah

LEGAL PROTECTION FOR NOTARIES INVOLVED IN CRIMINAL CASES IN THE DRAFTING OF AUTHENTIC DEEDS

Introduction

Legal protection for notaries involved in criminal cases in the drafting of authentic deeds. Notaries need stronger legal protection when facing criminal charges over authentic deeds. Current law offers ineffective safeguards. This study proposes reforms & legal aid for notarial integrity.

Abstract

A legal uncertainty faced by Notaries when they are summoned or charged in criminal proceedings related to their official duties will be something that worries them. As public officials, Notaries often become suspects in cases involving authentic deeds that were made under lawful authority. Many of these cases arise not from intentional wrongdoing, but from misinterpretations of professional acts as criminal offenses. The main legal issue lies in the ineffective protection mechanism stipulated in Article 66 of the Notary Law. The concept of automatic approval (fictitious positive consent) by the Notary Honorary Council (MKN) creates a serious gap in safeguarding the Notary’s position. Additionally, the lack of substantive assessment standards in the MKN's review process reduces the meaningful protection of Notaries’ legal rights. This research uses a normative juridical approach, analyzing legal protection theory and the concept of justice in professional accountability. The findings suggest the need for regulatory reform, including amendments to the notarial law and institutional strengthening of MKN’s authority. A significant recommendation is the formation of a legal assistance unit within the notarial professional organization to represent and defend notaries under legal threat. The ethical independence of Notaries must be preserved, especially when facing undue pressure from clients, state actors, or law enforcement. Legal protection should not only focus on procedures but also uphold the integrity and neutrality of the notarial profession. These legal improvements are essential to prevent the misuse of criminal law against Notaries and to support a more just legal framework.

Review

This article addresses a crucial and timely issue concerning the legal protection afforded to Notaries implicated in criminal cases stemming from their official duties, particularly in the drafting of authentic deeds. The authors effectively highlight the significant legal uncertainty and anxiety experienced by Notaries, who often face accusations arising from misinterpretations of professional acts rather than deliberate misconduct. Employing a normative juridical approach, the research critically examines legal protection theory and the concept of justice within professional accountability, establishing a strong theoretical foundation for its inquiry into the current regulatory shortcomings. The core of the article's argument centers on the ineffectiveness of the existing protection mechanism stipulated in Article 66 of the Notary Law. A key finding is the detrimental impact of the automatic approval (fictitious positive consent) by the Notary Honorary Council (MKN), which the authors rightly identify as creating a serious gap in safeguarding the Notary’s professional position. Furthermore, the absence of substantive assessment standards within the MKN's review process significantly diminishes the meaningfulness of any purported legal protection. These deficiencies collectively undermine the very principles of due process and fair treatment for public officials, transforming what should be a protective mechanism into a mere procedural formality that exposes Notaries to unwarranted legal jeopardy. In response to these identified systemic failures, the research puts forth a compelling set of recommendations for regulatory reform, advocating for essential amendments to the notarial law and the institutional strengthening of MKN’s authority. A particularly insightful suggestion is the formation of a dedicated legal assistance unit within the notarial professional organization, designed to provide robust representation and defense for Notaries under legal threat. Beyond procedural fixes, the article powerfully emphasizes the necessity of preserving the ethical independence of Notaries, particularly against external pressures, and insists that legal protection must extend beyond mere procedures to uphold the profession's integrity and neutrality. This study makes a significant contribution by not only diagnosing critical flaws in the current legal framework but also by providing practical and principled pathways towards a more just and effective system of legal protection, crucial for preventing the misuse of criminal law and ensuring professional accountability.

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