Prinsip Pertanggungjawaban Hukum Bagi Notaris Yang Telah Meninggal Dunia Tanpa Adanya Ahli Waris Dalam Penyerahan Protokol Notaris Menurut Peraturan Menteri Hukum Dan HAM

Abstract

The notary position is regulated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position (UUJN). The obligation to make a deed list book is also accompanied by an obligation to make a minuta deed as part of the notary protocol as the provisions in Article 16 paragraph (1) letter b. The purpose of this study is to find out the procedure for the submission of a notary protocol that has died without an heir and to find out the impact on the notary who has died without the heir in the handover of the Notary Protocol. This study uses normative juridical research methods. The author uses primary and secondary legal materials. After research, responsibilities related to the submission of the notary protocol, the heirs and the notary employee have the obligation to resolve the obligations related to the notary protocol. However, related to the submission of the notary protocol by the heir or a notary employee who died, there is still no specific sanctions. The existence of this legal vacuum becomes a gap that can cause violations. The actions of heirs or notary employees who do not report the death of a notary to MPd and do not submit the notary protocol can be categorized as an act against the law. This can cause losses to other parties and requires heirs or notary employees to replace these losses.
Keywords: Notary, Notary Protocol, Hicher Expert