| Summary: | Research on judicial review on Notary supervision according to Article 66
of Law Number 30 Year 2004 concerning the function of public notary in the
municipality of Madiun aims to find out the reasons or considerations of what the
Regional Assembly of Trustees give permission or not give permission for the
public notary to be examined by the investigator and to determine the legal efforts
undertaken by a public notary or an investigator on the decisions imposed by the
Regional Board of Trustees.
This research is using an empirical juridical approach. To support and
complement the secondary data, the writer conducted personal interviews with
research subjects who consist of public notaries, members of the Regional Board
of Trustees, and investigators. Primary data from the interviews were checked
again, and then classified according to their respective fields which was later
recorded systematically and consistently. Data were analyzed and interpreted
directly, in a systematic qualitative method.
The research results shows that principally the Regional Board of Trustees
permit to the investigator to examine the a public notary as long as it does not
break the procedures, namely the Regulation of the Minister of Justice and Human
Rights of Republic of Indonesia Number: M.03.HT.03.10 Year 2007. Thus the
procedures used in this investigation are actually more on the aspect of fulfillment
towards the formal procedure in the form of a proposal letter addressed to the
Regional Board of Trustees in Madiun. Legal efforts which are undertaken by the
public notary on the decision imposed by the Regional Board of Trustees is
submitting a claim to the State Administrative Court. Decision Letter from
Regional Board of Trustees decision is the lawsuit object of the State
Administrative Court. However, it should be firmly emphasized that the effort can
be conducted as long as the public notary undergo his or her duties in accordance
to the authority of the public notary, and he or she shall not conduct matters done
beyond the authority of a notary.
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