HARMONIZATION OF THE AUTHORITY OF THE HONORARY COUNCIL OF NOTARIES IN THE JUDICIAL PROCESS AGAINST NOTARIES FOR THE REALIZATION OF LEGAL CERTAINTY THAT IS JUST

Abstract

To protect notaries' duty to maintain the confidentiality of the contents of the deed or protocol as outlined in Article 66 of the UUJN-P, the Notary Honorary Council's authority is involved in the legal process against them. When this authority is implemented, there is discord, which manifests as a lawsuit for judicial review (cancellation) of the authority before the Constitutional Court of the Republic of Indonesia. Therefore, research is required to understand and analyze the concept of regulating the Notary Honorary Council's jurisdiction in light of harmonized rules, which ensures legal certainty and is in line with justice. In addition to a comparative analysis of the Netherlands, the normative juridical research approach is employed to analyze norms regarding the authority of the Notary Honorary Council, aiming to develop harmonized norms that ensure legal certainty and fairness in the judicial process involving Notaries. The concept of regulating legal rules, in this case Article 66 of the UUJN-P concerning the authority of the Honorary Council of Notaries, is what regulates in detail the authority in the examination process related to the Notary deed or protocol in the context of equality between the interests of the Notary Honorary Council to protect the obligation to maintain the confidentiality of the Notary and the interests of law enforcement (investigators, public prosecutors, judges) to find the material truth in the judicial process against the Notary, given that all citizens are equal before the law. This conclusion was reached based on the research findings of the study.