The Position and Authority of Supervisory Council of Notary in The State Institutional System of Indonesia.

SUMMARY

Notaries are public officials who run some of the authority of the state to provide services to society in field of civil particularly related to the creation of authentic deeds. Notary authority is further described in section 15 of Act No. 30 of 2004 (Pasal 15 Undang-undang no. 30 Tahun 2004 UU Jabatan Notaris (UUJN)) about Notary Position, that the authority of a notary is to create authentic deed of all acts, agreements and provisions that are required by legislation or desired by the parties concerned to be expressed in an authentic deed, guarantee the creation date of the deed, save the deed, give grosse, copy and quote deed, as long as the creation of the deeds that are not also assigned or excluded to other officials or other persons specified by law.

Formulation of Section 15 of Act No. 30 of 2004 indicates that the notary as a public official has a very broad authority in the creation of authentic deeds. Although it is very broad, it does not mean unlimited, notary authority is limited to that deeds are desired by the parties willing to make and are not also be assigned or excluded to other officials or other persons specified by law. Therefore, to supervise or control the performance of notary in providing services to the community we need a system of monitoring the performance of notary.
SimakBaca secara fonetik

SimakBaca secara fonetikSimakThe monitoring of the performance of notary is authorized by the Minister as set in Section 67 Article 1 Act No. 30 of 2004 about Notary Position (Pasal 67 Ayat 1 UUJN). To perform such supervisory duties, the Minister formed the Supervisory Council which is empowered to control the performance of notary in carrying out his position and his behavior in accordance with statutory regulations.

Authority to conduct supervision of notary attributively is on the Minister of Justice and Human Rights. Based on Section 67 Article (1) UUJN, there has been delegation of authority from the Minister to the Supervisory Council so that the supervisory authority of the notary who originally owned by the Ministry with a delegation then transferred to a body called the Supervisory Council.
According Indroharto, delegation is a transfer of an existing authority by the Office of State Administration, which has obtained a attributive government authority, to another Office of the State Administration.
The position of the Minister as an entity or the State Administrative Officer who conducted the affairs according to statutory regulations brings consequences for the position of Supervisory Council, that the Supervisory Council also incorporated as a body or the State Administrative Officer. Therefore, the Notary Supervisory Council act on behalf of its own in making decisions relating to the supervision and guidance to the Notary.

Supervisory Council authority regulation in UUJN still generated a lot of problems; one of them is overlapping authority of the Notary Supervisory Council and Notary Honor Council. Overlap of this authority can cause problems or even dissatisfaction with the decision issued by the Notary Supervisory Council. To avoid the occurrence of abuse or mistakes made by the Notary Supervisory Council, it is necessary to conduct legal protection both in preventive and repressive way.
Preventive measures can be done by applying a more rigorous self-assessment within the body of the Supervisory Council itself, so that decisions taken are in accordance with laws and regulations. Repressive measure can be done by submitting a remedy against the decision of the Supervisory Council. Remedies may take the form of administrative effort and a lawsuit against the State Administrative Court. Notary or other parties (law enforcement officers and notary service users / clients) who objected on the decision of Supervisory Council may file a legal action as long as these parties feel their interests are directly affected by the decision of the Supervisory Council.