SANKSI HUKUM BAGI NOTARIS YANG MENOLAK MAGANG CALON NOTARIS DITINJAU DARI UNDANG-UNDANG JABATAN NOTARIS DAN KODE ETIK NOTARIS

HARTINI, SITI and Emirzon, Joni (2024) SANKSI HUKUM BAGI NOTARIS YANG MENOLAK MAGANG CALON NOTARIS DITINJAU DARI UNDANG-UNDANG JABATAN NOTARIS DAN KODE ETIK NOTARIS. Masters thesis, Sriwijaya University.

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Abstract

In order to be appointed as a Notary Pulic, a Notary candidate has to fulfil the requirements of being a Notary Public specified as follows: undertaking an internship as regulated in the Article 3 letter f of the Act of Notary Position (UUJN), and to be permitted to do an internship the notary candidate must be a graduate of a law school (faculty of law), taking notarial education at a specialist notarial education program or master of notarial education, becoming an Extraordinary Member of the Indonesian Notary Association, only then can the notary candidate submit a written recommendation request to the Regional Administrator at the location of the Notary Internship Recipient where the internship is intended. The background of this writing is that in practice there are ofthen rejections of applications for internships from prospective notaries which are rejected by the notary receiving the internship which is contrary to Article 16 paragraph (1) letter n of UUJN. The role of the Notary in this case is to receive internship applications from prospective notaries in accordance with the UUJN. The formulation of the problems of this thesis is as follows: How should the obligations of the notaries to accept prospective notaries who will undertake internships at their offices be regulated?; How should the sanctions against the Notaries who refuse the application for internships at their office be regulated?;How should the sanctions against the Notaries who refuse the application for internships of the prospective Notaries be regulated?;How should the sanctions be implemented against the Notaries who refuse the application the applications of internships of prospective Notaries?;What efforts can be taken by the prospective Notaries whose application for an internship was rejected by a notary? The method of the used was a legal determination study or a normative study using a techniques for collecting legal and non-legal research materials. Ther result of this study reveal that the legal regulations regarding the obligations of the notaries in accepting apprentince notary candidates have been regulated in the Article 16 Paragraph (1) letter N of UUJN.The sanctions regulations are contained in the Article 16 Paragraph (13) of the UUJN. The contents of this Article explain that violations of the provisions specified in the Article 16 Paragraph(1) letter N can be subject to the sanctions in the form of a written warning. The findings of the field study show that it has not been implemented in real terms. This is because, until now there has not been any complaints or reports to the Ministry of Law and Human Rights, the Regional Supervisory Council (MPD), or to other notary supervisory instituions from prospective notaries whose internship applications were rejected by the notaries, so that the application of sanctions cannot be seen in reality.The efforts that can be made are by making a complaint or reporting against the notary who rejects the notary candidate’s internship application by appearing or making a written Complain Letter to the Regional Honorary Council of the Indonesian Notary Assosication (DKD INI) and the Regional Supervisory Council (MPD). The complaint should be accompanied with complete data and reasons for rejection, a copy of the complaint letter should be sent to the local Ministry of Law and Human Rights Regional Office.

Item Type: Thesis (Masters)
Uncontrolled Keywords: Notaris, Magang Calon Notaris, Sanksi, Upaya.
Subjects: K Law > K Law (General) > K237-264 The concept of law
K Law > K Law (General) > K270-274 Acts and events
K Law > K Law (General) > K3184-3188 Form and structure of government
K Law > K Law (General) > K3400-3431 Administrative law
K Law > K Law (General) > K3440-3460 Civil service. Government officials and employees
K Law > K Law (General) > K4360-4375 Professions and occupations
K Law > K Law (General) > K578-579 Concepts applying to several branches of law
Divisions: 02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User: Siti Hartini
Date Deposited: 26 Mar 2024 04:05
Last Modified: 26 Mar 2024 04:05
URI: http://repository.unsri.ac.id/id/eprint/142581

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