Beatrix Benni’s research while affiliated with Andalas University and other places

Notaries as one of the legal professions are not immune from mistakes that will eventually lead to a notary profession in violating the UUJN-P and the Code of Ethics and some even have the potential for punishment. Given that the role and authority of a Notary is very important in social life, the behavior and actions of a Notary in carrying out the function of authority are vulnerable to abuse that can cause harm to the community. Notaries who act outside the authority that has been determined by law can be categorized as unlawful acts. As has been tried in the Class IA Padang District Court with Decision Number 27/Pid.Sus/TPK/2016/PN-Pdg. In this case, the Notary was accused of corruption in land acquisition for Campus III of the State Islamic Institute (IAIN) Imam Bonjol Padang (now UIN Imam Bonjol). The formulation of the problem in this study are: a). What are the legal consequences for a Notary who commits a criminal act that has permanent legal force? b). What are the implications of the Notary's dismissal on the Notary Protocol? The approach used in this research is empirical juridical. This study uses primary and secondary data. Data were analyzed qualitatively. The results of the study show that: 1) The Notary was dishonorably dismissed by the Minister because it was proven legally that he had committed a criminal act of corruption which had permanent legal force, but the implementation process took a long time because it was waiting for the Minister's decision on the dismissal of the Notary. 2). With the dismissal of a Notary who commits a criminal act that has permanent legal force, the Notary Protocol must be handed over to the Notary receiving the Protocol appointed by the Minister.

One of the objectives of land registration is to provide legal certainty for land rights holders. Therefore, in order to make this happen, regulations regarding land registration are made, one of which is Article 32 paragraph (2) PP Number 24 of 1997. However, in reality there are still problems in terms of ownership of a parcel of land associated with this article, namely against a plot of land which has been controlled by a legal subject for years and has been equipped with a certificate. There are still outsiders demanding rights to the land with respect to the land. Until now, Article 32 paragraph (2) Government Regulation Number 24 Year 1997, which should have been a solution to the above problems, still creates differences. Given the existence of this article is not in accordance with the negative publication system adopted by land registration in Indonesia, where a certificate is not an absolute evidence, but a certificate is strong evidence.

The Honorary Board of the Indonesian Notary Association as the organ of the Indonesian Notary Association issues a regulation regarding the Fairness of the Deed Making Certificate per Notary for 20 deeds per day. Based on pre-research, there are still many notaries who do not know about the regulation in Padang. Why a Notary is prohibited from making a deed exceeding the fairness limit, what factors becomes the reasons for a Notary in Padang to make a deed exceeding the fairness limit and the legal consequences of a deed exceeding the fairness limit will be the topic of discussion in this paper. The research method used is a type of empirical juridical research and the nature of analytical descriptive research; data collection is done by using data in the form of primary material as primary data, supported by secondary and tertiary materials. The data obtained are then processed, analyzed, and interpreted qualitatively. Compliance is a virtue that moves people to act rationally in using what is fair, it is important for Notary to be given reasonable limits on the deeds that they can make per day so that the Notary does not exceed their physical ability to make daily deeds. The Law of Notary Position does not limit the number of deeds that can be made by the Notary per day, so that there are still notaries who make the deed exceed the reasonable limits set especially Fiduciary deed in Padang. Notary Deed that exceeds the fairness limit determined by the Honorary Board of Notary will not be degraded to privately-made deed, provided that what is done by Notary in making the deed is in accordance with the Law of Notary Position. The reasonable limit of making a daily deed issued by the Indonesian Notary Association Honorary Board should be included in the Minister Law or Regulation because basically the DKP.INI 1 regulation in 2017 only binds members of the association. Had the notary been expelled from the association, it would not have had any effect on his position.

The notary profession that can concurrently serve as a PPAT is one of the professions that has taken part in the process of law enforcement in Indonesia by providing certainty, order and legal protection in the community, especially in terms of the need for a binding evidence in addition to witness evidence, which is in the form of making authentic evidence. The notary profession is also required to be able to provide legal certainty to the parties, which means that anyone who holds the position of a notary must comply with statutory provisions, as well as PPAT in carrying out his position. But in reality what happens is that there is still a lot of work done by notaries or PPAT which ultimately has legal implications for the authority carried out by notaries or PPAT, so that the public, especially the parties involved in the deed, become confused in seeking legal certainty and in a manner indirectly can cause huge material losses to people who need justice. Research data were collected through field studies through interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus of this research is to find out and analyze how the legal consequences of the deed made not in accordance with the provisions of the case study court decision no.137 / pid.b / 2016 / pn.pbr. The results of the study showed that 1) PPAT which was proven to have committed a crime of counterfeiting was responsible for his sentence with a prison sentence of 1 (one) Year 8 (eight) Months. 2) The legal consequences of the deed made are not in accordance with the provisions of the legislation because it contains elements of forgery, the deed is null and void by law and for the certificate of transfer of land rights issued with the deed as the basis, then with the court's decision the judge has stated that the certificate the legal defect and cancellation can be requested to the local Office of the Land Agency.

Land is a very important means to carry out development, and the problem of land acquisition for these needs is not easy to solve because with the increasing development of land demand is also increasing while the land supply is very limited. Regarding the existence and function of land, there is a legal relationship between humans with land, including the act of transferring rights and release of land rights, in order to provide legal certainty for the act referred to, it is necessary to set forth in the form of a deed made before a Notary or before the District Head or before the Head of the National Land Agency. But today, the public is more entrusted to make this SPPHT before a Notary Public in order to ensure legal certainty, and also the Land Agency has suggested making a transitional deed through a Notary Deed to be more efficient. The method used is empirical juridical research. Research data were collected through field studies through interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus of this research is to find out and analyze how the process of releasing land rights for development through a notarial deed in the city of Padang. The results showed that 1) the release of rights before the Notary Public through the Signing of the Deed of Relinquishment of Land Rights which first checked all the requirements by the Notary, then the deed is perfectly signed into an authentic deed and guarantees legal certainty. 2) The process of land registration is based on the deed of release of rights made by a Notary in the City of Padang by submitting an application along with the Deed of Relinquishment of Land Rights and other requirements, then reviewing the field and issuing maps by the Land Agency.

The summons of deed witness or it can be called instrumenter witnesses to be a witness in the judicial process often happens in daily life. There was a problem when the instrumenter witness gave the information about the content of the documentary of deed, because of the differences in position of the instrumenter witness with the witness in general and there is a confidentiality of the notarial deed. The purpose of this study is to see the differences in the position of the instrumenter witness with the witness in general and how the legal consequences if the instrumenter witness gave the information is out of their duties and responsibilities in formalizing of the notarial deed. The method of this research uses a normative juridical approach by collecting the materials through a literature study. The results showed that the summoning of the instrumenter witness to be a witness in the judicial process was not in accordance to The Law of Notary Position provisions if it's out of the instumenter witness duties and responsibilities in formalizing of the notarial deed, which is related to the reading and signing of the deed.

The notary authority is to make an authentic deed which is one part of the notarial protocol. This protocol will be safeguarded and submitted to the Regional Supervisory Board (MPD) if the Notary passes away. In this paper, the author applies empirical juridical research methods, uses primary data, and applies data collection techniques in the form of interviews with parties related to this study. Based on the results of the study, in the event that the Notary retires due to death, the protocol will be transferred to another notary of protocol holder. In order to guarantee legal certainty and avoid the abandonment of a Deed, through a proposal from an heir or Notary employee, the MPD appoints a Temporary Notary Officer in accordance with Article 40 of the Regulation of the Minister of Law and Human Rights No. 25 of 2014. Appointment of Temporary Notary Officials is expected not to break all matters related to the management of authentic certificates and the parties, that bind the agreement of the authentic deed, receive legal certainty. When a Notary passes away, Article 35 paragraph (1) of the Law on Notary Position Amendment states that a husband/ wife or family of blood in a straight line of descent to the second degree must notify MPD. Subsequently, the MPD makes a Decision Letter on the dismissal of a Notary addressed to the Ministry of Law and Human Rights. After the letter is issued, MPD conducts the process of making a notarial protocol transfer report, which is later transferred to another Notary of Protocol Holder.

Making a testament is bound by the form and method determined by the laws and regulations. When it is ignored, it may result cancellation to the testament. Similarly, grants in any law are basically irrevocable; however, if it does not meet certain conditions, the grant can be canceled. One example is a lawsuit for the cancellation of a will and a deed made before a Notary/ Conveyancer in Padang City. Even though the deed is physically and formally in accordance with the provisions determined by the Law, however, there is an error materially from the contents of the deed due to an unlawful action. Regarding to this, the authors formulated the research problems as follows: 1. What is the legal basis of the plaintiff’s claim to the Padang District Court?, 2. What is the basis for consideration of the Padang District Court judge in deciding the case Number: 57/PDT.G/2012/PN.Pdg?, and 3. How is the implementation of decision Number: 57/PDT.G/2012/PN.Pdg concerning the cancellation of the transfer of the object of dispute at the Padang City National Land Agency? This study applies a normative juridical method. The results of the study include: 1) There is a clause in the grant deed in Article 6, if both parties—in this case with all the consequences—choose a common legal residence at the clerk office of the Padang District Court and do not change that choice. 2) The inherited and granted property violates Article 913 of the Civil Code on the absolute right of the heir (legitieme fortie). 3) In the implementation of decision Number: 57/PDT.G/2012/PN.Pdg, the cancellation of the transfer of the object of the dispute has not yet been processed by the competent authority.

Making a certificate of inheritance in the process of transferring rights over land by inheritance is guided by Article 111 paragraph (1) letter c number 4 of the Regulation of the Minister of Agrarian Affairs / Decree of the Land Agency Number 3 of 1997 concerning Implementing Regulation of Government Regulation Number 24 of 1997 concerning Land Registration. The article divides the authority to make inheritance certificate based on community classification so that it is contrary to the 1945 Constitution, Law Number 12 of 2006 concerning Citizenship, Law Number 40 of 2008 concerning Elimination of Racial and Ethnic Discrimination, Law Number 12 of 2011 concerning Law Enforcement. While this journal method is an Empirical Juridical approach; the types of data used are primary data and secondary data with primary legal materials, secondary legal materials, and tertiary legal materials. Data are analyzed qualitatively. From the results of the study concluded that in the process of transferring rights by inheritance, the heirs must show proof of inheritance certificate from a notary by giving attribution authority by Law Number 12 of 2014 in conjunction with Law Number 30 of 2004 concerning Notary Position, differentiation in the making of inheritance certificate is an urgency of the existence of legal pluralism so that in making the certificate of inheritance according to which law is used by the testator, due to differentiation in the making of inheritance certificate, there will be a deviation from the law itself (pluralism) so that the inheritance dispute will occur.