Limits of Substitute Notary Authority based on Law on Notary Position and Notary Ethics Code (Case Study in West Lombok Regency)

• Main Authors: Wahyu Nur Febriani, Salim HS, Muhaimin Muhaimin
• Format: Article
• Language: English
• Published: International journal of multicultural and multireligious understanding 2020-02-01
• Series: International Journal of Multicultural and Multireligious Understanding
• Subjects: substitute notary; authority; effectiveness
• Online Access: https://ijmmu.com/index.php/ijmmu/article/view/1401

Substitute notary obtains authority based on Article 33 paragraph (2) of Law on Notary Position and Article 1 number (2) of Notary Ethics Code. The two articles do not clearly indicate the limits for a substitute notary. However, in notarial practice, there are limits to substitute notaries in carrying out their positions. Thus, there is a blurring of norms in the two articles and the difference between das sein and das sollen. The issue is about how to limit the authority of a substitute notary during his/her commission and about the effectiveness of the exercise of substitute notary authority in West Lombok Regency. This study aims to understand and analyze the limits of authority and the effectiveness of the exercise of authority of substitute notary in West Lombok Regency. This study applies the normative-empirical legal research method since it examines the statutory provisions that govern the substitute notary authority and its implementation. It also employs statute approach, conceptual approach, and legal sociology approach. The results of the study found that first, the authority of a substitute notary in West Lombok Regency was limited by the management of the Indonesian Notary Association in West Lombok Regency, the Regional Supervisory Council of West Lombok Regency, and other notaries in the form of a prohibition to put up a nameplate, make a deed cover, and make a stamp/seal. Meanwhile, the Law on Notary Position and Notary Ethics Code does not contain any restrictions on this matter. Second, the exercise of substitute notary authority in West Lombok Regency is considered ineffective because there are differences in the size of the effectiveness of the exercise of authority by the substitute notary in West Lombok Regency. Factors that influence the exercise of substitute notary authority are legal substance factor, community factor, and legal/ legal culture factor.