NOTARY'S RESPONSIBILITY IN THE EXERCISE OF AUTHORITY AS AN AUTHENTIC DEED OFFICIAL

Muhammad Kamran, Zainuddin, Sufirman Rahman, Mulyati Pawennei
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Abstract

Purpose: This research endeavors to investigate the obligations of notaries in their capacity as officials endowed with the power to authenticate deeds. These obligations consist of ethical, administrative, civil, and criminal, duties.   Theoretical Framework: Notaries have obligations as public officials. Indeed, a notary bears accountability not only to his fellow professionals but also to clients and members of the public who require his services by legal regulations and societal interests.   Method: This research is descriptive and the type of research is normative juridical. This research uses secondary data derived from primary sources, such as journals and secondary sources, namely the Internet and books   Results: The findings indicated that notaries must fundamentally adhere to the Notary Position Law and the Notary Code of Ethics when performing their duties and positions. This ensures that the notary always follows the procedures outlined in the Notary Position Law and Code of Ethics, thereby providing legal certainty to the parties involved in the deed. For each task that their clients entrust to them, notaries take full responsibility. There are always matters that accompany each occupation and become its responsibility.   Conclusions: The Notary Position Law specifies that if a notary commits an offence while performing his or her duties and responsibilities, the notary may be held accountable and punished through administrative, civil, and ethical sanctions. The Notary Position Regulation, the Notary Position Law, and the Notary Code of Ethics previously governed criminal sanctions against notaries, but these sanctions are no longer subject to legal regulation. Punishments for criminal offenses against notaries may be enforced by the provisions of the Criminal Code.
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公证人在行使作为真实契约官员的权力方面的责任
目的:本研究旨在探讨公证人作为有权认证契约的官员所应承担的义务。这些义务包括道德、行政、民事和刑事责任。理论框架:公证人作为公职人员负有义务。事实上,公证人不仅要对他的专业同行负责,还要对客户和公众负责,因为客户和公众需要公证人根据法律规定和社会利益提供服务。研究方法:本研究为描述性研究,研究类型为规范性司法研究。本研究使用的二级数据来自一级来源,如期刊和二级来源,即互联网和书籍:研究结果表明,公证人在履行职责和担任职务时,必须从根本上遵守《公证职务法》和《公证人职业道德准则》。这可确保公证人始终遵循《公证职位法》和《职业道德准则》中规定的程序,从而为契约所涉各方提供法律确定性。对于客户委托的每一项任务,公证人都会承担全部责任。每项工作都会伴随着一些事项,并成为公证人的责任。结论:公证职位法》规定,如果公证员在履行其职责和责任时出现违法行为,可通过行政、民事和道德制裁追究其责任并予以处罚。公证员职务条例》、《公证员职务法》和《公证员职业道德准则》曾规定了对公证员的刑事处罚,但这些处罚不再受法律监管。对公证人刑事犯罪的处罚可根据《刑法典》的规定执行。
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