The Position of the Notary in the Criminal Case

Oct 13, 2025 by talynt.org 21 views

The Position of the Notary in Providing Information Before the Judge: Maintaining Integrity and Justice

Introduction

The notary profession plays a vital role in society, acting as the makers of authentic deeds that have strong legal force and are valid evidence of a legal event. This task not only requires a notary to make a deed correctly and accurately but also maintains its integrity in the judicial process. In practice, there are often problems related to deeds made before a notary, which can trigger debate and attract notaries into the vortex of legal problems. Therefore, it is essential to understand the position of the notary in providing information in front of the judge, both in criminal and civil cases.

The Position of the Notary in the Criminal Case

In a criminal case, a notary can be called as a witness to provide information related to the deed made before him. The information given by the notary plays an important role in the proof process, as it can help law enforcement officials to find the truth and ensure justice is upheld. As a witness, a notary has an obligation to provide honest and correct information. However, the question often arises: Can Notaries refuse to provide information if it can endanger himself or violate the secret of position?

The law gives freedom to the notary to refuse to provide information if the information can endanger him or others. However, in practice, this is still a debate. Because the Notary Law does not explicitly regulate the right of notary to refuse to provide information. This lack of clarity can lead to confusion and disputes between notaries and the judiciary.

The Position of the Notary in the Civil Case

In the civil case, the notary position in giving information in front of the judge is slightly different. According to Article 1909 paragraph (3) of the Civil Code, notaries have the obligation to keep all the information obtained while carrying out their duties. Therefore, the notary can submit an application to be released from the obligation to provide information before the judge. This provision highlights the importance of confidentiality in the notary profession, as notaries are expected to maintain the secrecy of the information they obtain.

Important Points

Obligation to Provide Correct Information

Notary has a moral and legal obligation to provide correct and honest information in front of the judge, regardless of the type of case being faced. This obligation is essential in maintaining the integrity of the notary profession and ensuring that justice is upheld.

Keeping the Secret of Position

Notary has an obligation to keep the secret of the position and can refuse to provide information that can endanger the interests of the client or dismantle confidential information. This provision highlights the importance of confidentiality in the notary profession, as notaries are expected to maintain the secrecy of the information they obtain.

The Role of the Supervisory Council

The Notary Supervisory Council has an important role in overseeing the performance of the notary, protecting the interests of the community, and ensuring the integrity of the notary profession. The council should play a more active role in educating notaries about their rights and obligations and in enforcing the professional code of ethics.

Solution to Overcome Polemic

To overcome various polemics related to the position of the notary in providing information in front of the judge, several steps are needed:

Increased Education

Through intensive education programs, notaries need to be given a comprehensive understanding of their rights and obligations in providing information before the judge. This education should cover the importance of confidentiality, the obligation to provide correct information, and the role of the Supervisory Council.

Improvement of Rules

The Notary Law needs to be refined to clearly establish a notary's rights and obligations in providing information, including the mechanism for rejection of permitted information. This refinement should be done in consultation with notaries, the judiciary, and other stakeholders to ensure that the law is fair and effective.

Strengthening the Role of the Supervisory Council

The role of the Supervisory Council needs to be strengthened by giving broader authority in overseeing the performance of the notary and establishing strict sanctions on notaries that violate the professional code of ethics. This strengthening should be done to ensure that notaries are held accountable for their actions and that the integrity of the notary profession is maintained.

Conclusion

The position of the notary in providing information before the judge is a complex issue that requires careful consideration. Notaries have a moral and legal obligation to provide correct and honest information, but they also have the right to refuse to provide information that can endanger themselves or others. The Notary Law needs to be refined to clearly establish a notary's rights and obligations in providing information, and the role of the Supervisory Council needs to be strengthened to ensure that notaries are held accountable for their actions. With the comprehensive steps outlined above, it is expected that the position of the notary as an authentic deed maker can be strengthened, its integrity is maintained, and public trust in the notary profession can continue to be improved.

References

Article 1909 paragraph (3) of the Civil Code
Notary Law
Professional Code of Ethics for Notaries

Future Research Directions

The impact of the Notary Law on the notary profession
The role of the Supervisory Council in maintaining the integrity of the notary profession
The importance of education in ensuring that notaries understand their rights and obligations

Limitations of the Study

The study is limited to the Indonesian context and may not be applicable to other countries
The study only focuses on the position of the notary in providing information before the judge and does not consider other aspects of the notary profession

Suggestions for Future Research

Conduct a comparative study of the notary profession in different countries
Investigate the impact of the Notary Law on the notary profession in other countries
Examine the role of the Supervisory Council in maintaining the integrity of the notary profession in other countries
Frequently Asked Questions (FAQs) About the Position of the Notary in Providing Information Before the Judge

Q: What is the role of a notary in providing information before the judge?

A: A notary plays an important role in providing information before the judge, especially in cases where they have made a deed or document that is relevant to the case. As a witness, a notary has an obligation to provide honest and correct information to help the court make a fair decision.

Q: Can a notary refuse to provide information if it can endanger himself or others?

A: Yes, a notary has the right to refuse to provide information if it can endanger himself or others. However, this right is not explicitly regulated in the Notary Law, which can lead to confusion and disputes between notaries and the judiciary.

Q: What is the obligation of a notary to keep the secret of position?

A: A notary has an obligation to keep the secret of the position and can refuse to provide information that can endanger the interests of the client or dismantle confidential information. This provision highlights the importance of confidentiality in the notary profession.

Q: What is the role of the Supervisory Council in overseeing the performance of the notary?

A: The Notary Supervisory Council has an important role in overseeing the performance of the notary, protecting the interests of the community, and ensuring the integrity of the notary profession. The council should play a more active role in educating notaries about their rights and obligations and in enforcing the professional code of ethics.

Q: How can the Notary Law be refined to clearly establish a notary's rights and obligations in providing information?

A: The Notary Law needs to be refined to clearly establish a notary's rights and obligations in providing information, including the mechanism for rejection of permitted information. This refinement should be done in consultation with notaries, the judiciary, and other stakeholders to ensure that the law is fair and effective.

Q: What are the consequences of a notary failing to provide correct and honest information?

A: A notary who fails to provide correct and honest information can face serious consequences, including disciplinary action from the Supervisory Council and potential lawsuits from clients or other parties involved in the case.

Q: How can notaries ensure that they are providing correct and honest information?

A: Notaries can ensure that they are providing correct and honest information by following the professional code of ethics, seeking guidance from the Supervisory Council, and staying up-to-date with changes in the law and regulations.

Q: What is the importance of education in ensuring that notaries understand their rights and obligations?

A: Education is essential in ensuring that notaries understand their rights and obligations, including the importance of confidentiality, the obligation to provide correct information, and the role of the Supervisory Council. Notaries who receive proper education and training are better equipped to perform their duties and maintain the integrity of the notary profession.

Q: How can the public trust in the notary profession be improved?

A: The public trust in the notary profession can be improved by ensuring that notaries are held accountable for their actions, providing education and training to notaries, and promoting transparency and accountability in the notary profession.

Q: What are the future research directions in the field of notary law?

A: Future research directions in the field of notary law include the impact of the Notary Law on the notary profession, the role of the Supervisory Council in maintaining the integrity of the notary profession, and the importance of education in ensuring that notaries understand their rights and obligations.

Q: What are the limitations of the study?

A: The study is limited to the Indonesian context and may not be applicable to other countries. The study only focuses on the position of the notary in providing information before the judge and does not consider other aspects of the notary profession.

Q: What are the suggestions for future research?

A: Suggestions for future research include conducting a comparative study of the notary profession in different countries, investigating the impact of the Notary Law on the notary profession in other countries, and examining the role of the Supervisory Council in maintaining the integrity of the notary profession in other countries.