KEDUDUKAN HAK INGKAR NOTARIS DALAM PROSES PERSIDANGAN DI PENGADILAN DIKAITKAN DENGAN KERAHASIAAN JABATAN NOTARIS DI KOTA PADANG

Abstract

The notary as a public officer also has the right pick, namely the right to refuse providing information in front of the Court since the notary is bound on the oath of Office which requires it to keep secret the contents of the deed to the investigating judge or the Court, in the trial proceedings. Formulation of the problem in this research: 1) how is the legal protection for the notary in the use of the right pick in a lawsuit in court? 2) how does the legal consequences arising from rights to pick the notary in a lawsuit in court? The type of research that is done is the sociological and juridical research is descriptive, the data sources used are primary data and secondary data, techniques of data collection is done with the interview and study documents, data analysis is done qualitatively. Conclusion of this research is to 1) a notary may be legal protection of the rights of Barcelona itself because the right arsenal aims to protect his secret Notary mean protection intended for the profession of his post and klienmasyarakat is concerned, however, if the Notary laws violate then pick right cannot be used and will get a reprimand and sanction from the Court. 2) legal consequences posed is the Padang District Court unable to drop sanctions against the notary who use rights ingkarnya in front of the Court in case of not found errors of the Notarial deed in the making due to the absence of provisions explicitly set about it.

Keywords: Notary Public, Rights Champions, The Secret Office