Skripsi

TANGGUNG JAWAB NOTARIS PENGGANTI SEBAGAI PEJABAT YANG BERWENANG MEMBUAT AKTA OTENTIK BERDASARKAN UNDANG – UNDANG JABATAN NOTARIS

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This thesis examines the responsibilities of a Substitute Notary as an official authorized to issue authentic deeds based on the Notary Law (UUJN). The existence of a Substitute Notary aims to maintain the continuity of notarial services when the definitive Notary is unable to do so due to leave, illness, or other legitimate reasons. However, the provisions of Article 33 paragraph (1) of the UUJN, which grants full authority to a Substitute Notary, raise juridical issues, given that the requirements for their appointment are much simpler than those of a definitive Notary, while the responsibilities and legal consequences of the deeds which they issue remain the same and binding. This study aims to: (1) analyze the considerations of lawmakers regarding the requirements for appointing a Substitute Notary; (2) examine the responsibilities of a Substitute Notary as an official who issues authentic deeds; and (3) formulate ideal requirements for the appointment of a Substitute Notary in the future. The method used is normative legal research with a statutory, historical, and conceptual approach, and supported by Gustav Radbruch's theory of justice, the theory of authority, and the theory of legal synchronization. The research results showed that: first, the requirements for appointing a Substitute Notary Public do not fully consider the competency and legal certainty aspects. Second, although temporary, a Substitute Notary Public bears the same legal responsibilities as a definitive Notary Public, both in civil, criminal, and administrative matters. Third, there was a lack of synchronization between the provisions for appointing a Substitute Notary Public and a definitive Notary Public, necessitating a more comprehensive regulatory update aligned with the principles of justice and notarial professionalism. This research concludes that the regulations regarding Substitute Notaries need to be improved by establishing stricter competency requirements and a stronger oversight system to ensure quality, accountability, and legal certainty in the preparation of authentic deeds.

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Availability

Detail Information

Series Title

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Call Number

T1918892026

Publisher

Indralaya : Prodi Magister Kenotariatan, Fakultas Hukum Universitas Sriwijaya., 2026

Collation

xiii, 143 hlm.; ilus.; 29 cm

Language

Indonesia

ISBN/ISSN

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Classification

347.016 07

Content Type

Text

Media Type

unmediated

Carrier Type

-

Edition

-

Subject(s)

Prodi Magister Kenotariatan
Notaris Pengganti — Tanggung Jawab Hukum

Specific Detail Info

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Statement of Responsibility

KA

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