Notary and legal arrangement of criminal law: Legal protection for notaries facing criminal cases

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Abstract

This study aims to analyze the legal protection for a notary either as a witness or as a suspect in the investigation stage of the deed he/she made. This study is important because notaries often face legal issues regarding the authentic deeds they produce. This study combines normative legal research and empirical law. In-depth interviews with notaries who have been examined as witnesses or suspects for the authentic deed made are carried out in depth. The results of this study indicate that investigators did not obtain prior approval from the Notary Honorary Council when examining a notary. Notaries are required to reveal client secrets during examinations, which infringes on their right to refuse. To provide adequate legal protection for notaries, in the future the Notary Honor Council must be empowered so that investigators cannot examine them without the panel’s approval. In addition, the notary’s right of refusal also needs to be used as a means of legal protection. In addition, further research regarding the examination of notaries at the trial stage needs to be carried out to obtain a comprehensive picture of legal protection for notaries.

Keywords: Legal Protection, Notary, Deed, Right of Refusal, Notary Honorary Assembly

Authors’ individual contribution: Conceptualization — W.H.; Methodology — W.H.; Investigation — W.H.; Validation — M.A.; Formal Analysis — W.H. and M.A.; Writing — Original Draft — W.H..; Writing — Review & Editing — W.H. and M.A.; Supervision — M.A.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

JEL Classification: K1, K2, K3, K4

Received: 12.02.2023
Accepted: 27.09.2023
Published online: 29.09.2023

How to cite this paper: Erwiningsih, W., & Ali, M. (2023). Notary and legal arrangement of criminal law: Legal protection for notaries facing criminal cases [Special issue]. Corporate Law & Governance Review, 5(2), 150–155. https://doi.org/10.22495/clgrv5i2sip1