Summary: | The objective of this research thesis is to understand the implementation of
legal protection on Notary Profession before and after the enactment of
Constitutional Court Decision No. 49/PUU-X2013 and to understand how Notary
should be done in carrying out its profession to protect itself after the enactment
of Constitutional Court Decision No. 49/PUU-X2013.
The research method uses a fusion between normative and empirical
research types with normative-positive approach to the research object which is
looking for the basics of positive law which can provide a conceptual answer on
the formulation of problem including examining on article 66 in the Act Number
2 of 2014 relating to materials research and empirical approach which analyzes
the obtained data and then organized into a systematic framework which it is
further written descriptively.
The research results show that the implementation of legal protection on
Notary Profession before and after the enactment of Constitutional Court Decision
49/PUU-X/2013 which is originally considered that such article is a protector of
Notary but according to my conceivably that article is not a protector for Notary
but it is only a calling procedure to Notary and then before the enactment of
Constitutional Court Decision, the supervision is conducted by Regional
Supervisory Assembly not only preventive but also repressive, however since the
enactment of Constitutional Court Decision which overturned the phrase �with the
approval of Regional Supervisory Assembly� in article 66 paragraph (1) it is
resulting in monitoring function by Regional Supervisory Assembly only
preventative ly. Regarding to the my second issue that Notary in the line of duty
should be able to protect itself and the made efforts of Notary which is obtained
through interview is that Notary can use additional tools such as CCTV,
photographs of parties, recording devices, parties fingerprints, and the parties shall
sign the guest book.
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