Resty Ramadhaniaty, Salim HS, Lalu Parman

Abstract:

The purpose of this study is to analyse the legal protection of Notaries in maintaining the confidentiality of the contents of Notary deed at the time of examination by MKN in case of legal problems and to analyse how the legal effect of Notary to the opening of confidentiality of Notarial deed contents at the time of examination by MKN in case of legal problems.

This study uses normative legal research methods to research and write the discussion of this research as a method of legal research. The use of normative research methods in research and writing efforts is based on the compatibility of the theory with research methods required by the author. This study also uses empirical data as a support that is by conducting interviews to the Honorary Council of Notaries. The approach used in this research is: Statutory Approach and Conceptual Approach.

The result of the research that In principle Notary is not allowed to open secret contents of deed made to anyone other than the parties, it means the notary is not allowed to give information about what is contained in the deed he made and all the information obtained in the implementation of position. The form of legal protection of a Notary Public in maintaining the confidentiality of the contents of Notary Deed has been determined in the Law as stated in the provisions of Article 4 paragraph (2) UUJN in paragraph 4, Article 16 paragraph (1) letter f UUJN, Article 54 paragraph (1) UUJN , Article 170 KUH Criminal Procedure paragraph (1), Article 1909 Civil Code paragraph (3), Article 146 HIR paragraph (3), Article 277 HIR and Article 89 paragraph (1) letter b Law Number 51 Year 2009 on Administrative Court . While the legal consequences for the Notary to the opening of the secret of the contents of the deed is:

(a). Criminal in Article 322 of the Criminal Code. (b) Civil Code as an unlawful act based on Article 1365 Civil Code, (c) Penalty and fine under Article 85 of Law Number 43 Year 2009 About Archives. (d) Article 16 UUJN paragraphs 11. (e) Article 54 paragraph (2) UUJN. Notary is unable to exercise the right of disgrace and disbanding duty contained in the Notary Law of Procedure if it is contrary to other laws. Therefore, a Notary cannot use the Right of Consent if the deeds he made are related to: (a) Article 36 Corruption Criminal Act No. 20 of 2001 on Amendment to Law Number 31 Year 1999 on Corruption Eradication Corruption. (b) Regarding the tax violations contained in Article 59 of Law Number 14 Year 2002 concerning Tax Court. (c) Article 25 paragraph (1) of Law Number 20 Year 2000 on Amendment to Law Number 21 Year 1997 concerning Land Acquisition Land Acquisition Rights. Article 35 Paragraph (2) of Law Number 28 Year 2007 Concerning Third Amendment to Law Number 6 Year 1983 concerning General Provisions and Procedures of Taxation.

Keywords: the confidentiality of the deed, honorary council, notary public

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