PERTANGGUNGJAWABAN HUKUM CALON NOTARIS MAGANG TERHADAP PELANGGARAN KEWAJIBAN MERAHASIAKAN ISI AKTA NOTARIS

WARDANIE, DELISTYA PUSPA and Syaifuddin, Muhammad and Hamid, Abdullah (2019) PERTANGGUNGJAWABAN HUKUM CALON NOTARIS MAGANG TERHADAP PELANGGARAN KEWAJIBAN MERAHASIAKAN ISI AKTA NOTARIS. Master thesis, Sriwijaya University.

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Abstract

This study aims to analyze the criminal liability which may be imposed on the Apprentice Notary Candidate to the breach of the obligation to keep within confidential the contents of the deed, to analyze about criminal liability of The Senior Notary who mentors the Apprentice Notary, also the needed solution for the Senior Notary to lessen or avoid the potential violation of the obligation to conceal the contents of the deed seen by The Notary Candidate. This research uses normative method with state regulations, conceptual, comparison, and futuristic approachment. Based on the research, it is concluded that, if by any chance, The Notary Candidate violates his obligations then the sanction which should be applied to him is not the one regulated on Article 16 of Law Num. 2 Year 2014 concerning Notary Position and Ethical Code which solely applicable for The Senior Notary doing the same violation. However, In the case that Apprentice Notary Candidates are failed to keep within confidential of any matters related to certificate administration in the place where the candidates undergo their apprenticeship, and also failed to keep within secret of any remarks from the Notary in the apprenticeship place, then Apprentice Notary Candidates shall be subjected to criminal sanction based on Section 322 Criminal Code and also be subjected to civil sanction, if there is party suffering from loss, based on Section 1365 Civic Code. In order to avoid the violations potentiality, law re-construction is needed especially in regards to the function of The Notary Supervisory Board and the establishment of regulatory guidelines of Article Num 16 Section A of Law Number 2 Year 2004 concerning Notary Offices.

Item Type: Thesis (Master)
Uncontrolled Keywords: Notary candidate, intership, responsibility
Subjects: K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence
K Law > K Law (General) > K115-130 The legal profession
K Law > K Law (General) > K201-487 Jurisprudence. Philosophy and theory of law
Divisions: Faculty of Law > 74102-Notarial Law (S2)
Depositing User: Delistya Puspa Wardanie
Date Deposited: 30 Jul 2019 07:44
Last Modified: 30 Jul 2019 07:44
URI: http://repository.unsri.ac.id/id/eprint/1299

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