CALL FOR NOTARY TO TESTIFY BEFORE THE COURT IN A LITIGATION CASES UNDER INDONESIAN NOTARIAL ACT AND PENAL LAW

Yudi Krismen

Abstract


ABSTRACT

Not infrequently in the process of law enforcement against a notary who is involved in legal matters often there are obstacles in the process of summoning him as a witness to hear his statement for the investigation process by the authorities. This is because based on Article 66 paragraph (1) of Law Number 2 of 2014 reads: "Summoning a Notary for the investigation process suspected of committing a criminal act must obtain prior approval from the Notary Honorary Council". The procedure for obtaining approval from the Notary Honorary Council to carry out the examination of a notary public as a witness begins with the Investigator must provide a letter of request to the Notary Honorary Council to carry out the investigation process to the Notary who is suspected of committing a criminal offense. From the above background, the authors formulated the main issues including: How is the Calling of a Notary as a Witness in a Criminal Case Based on Law Number 8 of 1981 concerning Criminal Procedure Law and Law Number 30 of 2004 as amended by Law Number 2 of 2014 concerning Position of Notary, What Is the Ideal Arrangement About Summoning a Notary as a Witness in a Criminal Case. The purpose of this research is to Analyze the Summoning of Notaries as Witnesses in a Criminal Case Based on Law Number 8 of 1981 concerning Criminal Procedure Law and Law Number 30 of 2004 as amended to Law Number 2 of 2014 concerning Notary Position. To Analyze Ideally Arrangements Regarding Notary Calling as a Witness in a Criminal Case. This type of research is a Normative research that is a method of library research that is legal research conducted by studying and examining library materials in the form of primary legal materials and secondary legal materials. While the nature of this study is descriptive, because the authors intend to provide an overview of the problems that are the subject of research.

Keywords: notary; penal law; witnesses.


Keywords


notary; penal law; witnesses



DOI: http://dx.doi.org/10.24198/acta.v3i1.328

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