Legal Actions Of Notaries Who Feel Aggrieved By The Decision Of The PTUN Court On Dismissal In PTUN Decision Number 200/PK/2022 In Jakarta
DOI:
https://doi.org/10.51601/ijersc.v5i2.787Abstract
As a public official, a Notary can be dishonorably dismissed if proven to have committed a criminal offense, as stipulated in the Notary Position Law. Although regulations related to dishonorable dismissal for notaries already exist, they are considered somewhat unclear. The issues discussed in this study include the substance of legal remedies for notaries who are dishonorably dismissed due to criminal convictions with a threat of less than five years. The research method used is normative juridical, with data collection through document study and literature review. The analytical approach used is qualitative. The research findings regarding the substance show that criminal offenses that can lead to dishonorable dismissal for notaries are criminal offenses with a prison sentence of 5 (five) years or more that have obtained legal force, whether committed in a personal or official capacity. Furthermore, the legal remedy for a Notary who is faced with dishonorable dismissal when convicted with a sentence of less than five years is to file a lawsuit to the State Administrative Court. This lawsuit is addressed to the Minister of Law and Human Rights as Defendant I, and the Notary as Defendant II.
Downloads
References
Anita Marlin Restu Prahastapa, (2017), Lapon Tukan Leonard et al, Frictions The Authority of the Administrative Court in the Enactment of Law Number 30 Year 2014 and Law No. 5 of 1986 Relating to Objects State Administrative Disputes, Diponegoro Law Journal, Vol. 6 No. 2.
Ayuningtyas, (2020), Sanctions Against Notaries in Violating the Code of Ethics, Reportorium: Scientific Journal of the Master of Kenotariatan Faculty of Law International Journal of Educational Research & Social Science Vol. 9 No.2.
Harahap, Arman ,2018, Macrozoobenthos diversity as bioindicator of water quality in the Bilah river, Rantauprapat, Medan. J. Phys.: Conf. Ser. 1116 052026.
Budiamin Rodding, (2017), Negative Fictitious and Positive Fictitious Decisions In
Improving the Quality of Public Services, Tanjungpura Law Journal, Vol 1, No.1.
Irianto, Sulistyowati. (2002), Qualitative Research Methods in Methodology Legal Science Research. Journal of Law and Development, Vol. 32, No. 2.
Iryadi, Irfan, (2018), The Position of Authentic Deed in Its Relationship with Constitutional Rights of Citizens, Constitutional Journal, Constitutional Journal Vol.15, No. 4.
Kesuma, Diani, (2020), Development of Procedural Law for Administrative Courts
State Related to Judicial Authority and Problems The Law, Selisik Vol. 6, No. 1.
Kartika Widya Utama, (2015), State Administrative Decree Which Positive Fiction, Journal of Notarius, Vol. 8, No. 2.
Harahap, A. P. Hrp, N.K.A.R. Dewi, Macrozoobenthos diversity as anbioindicator of the water quality in the River Kualuh Labuhanbatu Utara, International Journal of Scientific & Technology Research, 9(4), 2020, pp. 179-183.
Laksana, Prasetya Agung, (2016), The Limits of the Duty to Maintain Notary Confidentiality in Relation to Notary's Right of Recusal Based on Law on the Office of Notary, Akta Journal, Vol. 3, No. 4. [Maya, Evi Apita. (2017). Position and authority of the Honorary Council Notary in the development of Notaries, Journal of ius legal studies and justice, Vol. 2, No. 2.
Novi, (2022), Analysis of dishonorable dismissal and Cancellation of Notary dismissal case study of PTUN decision No. IX. 235/G/PTUN, Constitutional Bulletin Vol.5.
Nugrahani, Linda, Albertus Sentot Sudarwanto, and Mulyanto, (2023), Notary's responsibility to the parties' dispute related to the agreement deed Debt Based on False Statements, Proceeding Legal Symposium.
Yustica, Anugrah Ngadino, and Novira Maharani Sukma, (2020). The role of Notary Professional Ethics as a Law Enforcement Effort, Notarius, Vol. 13, International Journal of Educational Research & Social Sciences, ISSN: 2774-5406 https://ijersc.org No.1.
Harahap, A. et, all, Macrozoobenthos diversity as anbioindicator of the water quality in the Sungai Kualuh Labuhanbatu Utara, AACL Bioflux, 2022, Vol 15, Issue 6.
Waringga, Stefanie, and Albertus Sentot Sudarwanto, (2020), Responsibility of Notary who has the authority of PPAT in making power of attorney to charge Mortgage Rights, Journal of Privat Law, Vol.7 No. 2.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 International Journal of Educational Research & Social Sciences
This work is licensed under a Creative Commons Attribution 4.0 International License.
