Muhammad Bahtiar Nur, Hadin Muhjad

THE AUTHORITY OF THE NOTARY HONORARY COUNCIL FROM AN ADMINISTRATIVE LAW PERSPECTIVE

Introduction

The authority of the notary honorary council from an administrative law perspective. Explore the Notary Honorary Council's authority from an administrative law perspective, analyzing its role in approving summonses for notaries in criminal cases and confidentiality dilemmas.

Abstract

The Authority of the Notary Honorary Council from an Administrative Law Perspective. This study aims to determine and analyze the existence of the Notary Honorary Council within the notary profession. Furthermore, it aims to determine and analyze the authority of the Notary Honorary Council regarding Notaries involved in criminal cases. This legal research uses normative legal research or library legal research. This research is prescriptive in nature. The research approaches used are the Statutory and Conceptual Approaches. The Notary Supervisory Council's role in supervising Notaries before the enactment of Law No. 30 of 2004 was carried out by the Court, as stated in Staatsblad 1860 concerning the Regulations on the Position of Notaries. After Law No. 30 of 2004, supervision of Notaries was carried out by the Regional Supervisory Council. After Law No. 2 of 2014, the Notary Honorary Council was created as a replacement for the Regional Supervisory Council, with the same function: approving or rejecting summonses issued by law enforcement officers for Notaries. The authority of the Notary Honorary Council in criminal proceedings involving Notaries highlights the potential dilemma between the obligation to maintain professional confidentiality and to provide testimony, as well as the problems that arise, especially at the investigative stage, regarding the approval of the Notary's summons. The procedure for summoning a Notary that requires the approval of the Notary Honorary Council has the potential to conflict with the principles of simple, fast, and low-cost justice, as well as the principle of equality before the law.

Review

The article, "THE AUTHORITY OF THE NOTARY HONORARY COUNCIL FROM AN ADMINISTRATIVE LAW PERSPECTIVE," undertakes a timely and relevant examination of a critical aspect of legal professional regulation. Focusing on the Notary Honorary Council, the study aims to delineate its foundational existence within the notary profession and scrutinize its specific authority concerning Notaries involved in criminal proceedings. Employing a normative legal research methodology, leveraging statutory and conceptual approaches, the research is prescriptive in nature, seeking to analyze the established legal framework. The abstract outlines a historical trajectory of notary supervision in Indonesia, from court oversight to the introduction of the Regional Supervisory Council, culminating in the establishment of the Notary Honorary Council under Law No. 2 of 2014, highlighting its central function in approving or rejecting summonses for Notaries by law enforcement. The core contribution of this research lies in its clear identification of the significant dilemmas and practical challenges posed by the Notary Honorary Council's authority. The abstract succinctly frames the inherent tension between a Notary's obligation to maintain professional confidentiality and the imperative to provide testimony in criminal investigations. Specifically, the study highlights the procedural complexities and potential bottlenecks arising at the investigative stage due to the mandatory approval process for summoning Notaries. By doing so, the article sheds light on how this regulatory mechanism, intended perhaps to safeguard professional integrity, may inadvertently conflict with fundamental principles of justice, such as the tenets of simple, fast, and low-cost proceedings, as well as the principle of equality before the law. This analysis promises to be valuable for understanding the administrative law implications of professional self-regulation within the legal system. While the abstract clearly outlines a pertinent area of inquiry and the specific conflicts involved, a full review would benefit from the complete paper detailing the depth of its analysis and proposed solutions. The research appears well-positioned to contribute significantly to discourse on administrative law, professional ethics, and criminal procedure. To enhance its impact, the study could potentially explore comparative perspectives from other jurisdictions where similar dilemmas exist, or delve deeper into the practical impact of these delays on ongoing investigations and the rights of other parties involved. Furthermore, while prescriptive, offering concrete recommendations for reform or clarification of the Notary Honorary Council's role—perhaps through legislative amendments or procedural guidelines—would strengthen the article's practical utility. Nevertheless, this work promises to offer critical insights into an area ripe for legal reform and enhanced understanding.

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