This is a crucial responsibility

Oct 13, 2025 by talynt.org 139 views

The Notary Protocol and the Destruction of Archives: Review Based on the Filing Act

Introduction

The notary protocol is a collection of documents that function as state archives and must be stored and maintained by a notary. This is a crucial responsibility, as the notary protocol contains vital information that is essential for the integrity and accountability of the documents they manage. However, the regulation related to archiving in the archival law does not include the administration of archives of protocols as state archives, which triggers legal uncertainty for the notary in storing and maintaining a notary protocol.

The Importance of Clear Regulations Regarding Archive Retention

In Indonesia, the regulation related to archiving is governed by Law Number 43 of 2009 concerning Archives. This law provides a framework for the management of archives, including the destruction of archives that are no longer considered relevant or useful. However, the law does not provide clear guidelines on the retention schedule for the notary protocol, which creates uncertainty for the notary in determining when to destroy or retain the protocol.

The Notary Protocol and the Destruction of Archives: A Review of the Literature

The literature on the notary protocol and the destruction of archives is limited, but it provides some insights into the importance of clear regulations regarding archive retention. According to the doctrine, the validity period of the archive is a maximum of 30 years. After that time passed, the archive was considered to no longer have power as evidence in court. Therefore, storing archives that have crossed a certain time limit can be a futile action.

Research Urgency and Methods Used

This study aims to understand the relationship between the notary protocol and the destruction of archives based on Law Number 43 of 2009 concerning Archives and existing doctrines. The urgency of the destruction of the Notary Protocol and Notary Responsibility will also be examined if the document is destroyed. The theory used in this study includes the theory of legal responsibility and legal certainty. This type of research is normative and descriptive analytic, with an approach that analyzes relevant laws and involves interviews with the Chairman of the Medan City Regional Supervisory Council and three notaries to get a broader perspective.

Research Results and Important Findings

Based on the results of the study, there is a view of the doctrine which states that the validity period of the archive is a maximum of 30 years. After that time passed, the archive was considered to no longer have power as evidence in court. Therefore, storing archives that have crossed a certain time limit can be a futile action. The constraints faced by the notary in managing the notary protocol add to the urgency to carry out irrelevant archives.

The Importance of Clear Regulations Regarding Archive Retention

One suggestion that arises from this study is the need for a clear arrangement in the archival law related to the retention schedule for the notary protocol. With the existence of a strict provision regarding the destruction of the archive, the notary holding the notary protocol will get better legal certainty. In this context, clear arrangements will not only protect the interests of the notary but also ensure that the state archives are managed effectively and efficiently.

Conclusion

The notary protocol is an important part of archiving that must be managed properly. However, the challenges in the arrangement and destruction of the archive are issues that need to be resolved immediately. With a clear regulation regarding the destruction of the Notary Protocol in accordance with Law Number 43 of 2009, the notary can carry out their duties better, and get legal certainty that is needed in the practice of notaries. This research emphasizes the need for serious attention from the authorities to ensure that the arrangements related to archiving, especially for the notary protocol, are made and implemented properly.

Recommendations

Based on the findings of this study, the following recommendations are made:

The government should review and revise the archival law to include clear guidelines on the retention schedule for the notary protocol.
The notary should be provided with training and education on the management of the notary protocol, including the destruction of archives that are no longer relevant or useful.
The government should establish a clear procedure for the destruction of archives, including the notary protocol, to ensure that the process is transparent and accountable.

Limitations of the Study

This study has several limitations, including:

The study only focuses on the notary protocol and the destruction of archives, and does not consider other types of archives or documents.
The study only examines the archival law in Indonesia and does not consider other countries or jurisdictions.
The study relies on a limited number of sources, including the archival law and doctrine, and does not consider other relevant literature or research.

Future Research Directions

Future research should build on the findings of this study and explore the following research directions:

The development of a clear retention schedule for the notary protocol, including the destruction of archives that are no longer relevant or useful.
The establishment of a clear procedure for the destruction of archives, including the notary protocol, to ensure that the process is transparent and accountable.
The examination of the impact of the destruction of archives on the notary and the public, including the potential consequences for the integrity and accountability of the documents they manage.

References

Law Number 43 of 2009 concerning Archives.
Law Number 2 of 2014 which is a change of Law Number 30 of 2004 concerning Notary Position.
Doctrine of the validity period of the archive.
Interviews with the Chairman of the Medan City Regional Supervisory Council and three notaries.

Appendices

The archival law in Indonesia.
The doctrine of the validity period of the archive.
The results of the interviews with the Chairman of the Medan City Regional Supervisory Council and three notaries.
Frequently Asked Questions (FAQs) about the Notary Protocol and the Destruction of Archives

Q: What is the notary protocol?

A: The notary protocol is a collection of documents that function as state archives and must be stored and maintained by a notary. It contains vital information that is essential for the integrity and accountability of the documents they manage.

Q: Why is the notary protocol important?

A: The notary protocol is important because it contains vital information that is essential for the integrity and accountability of the documents they manage. It is also a crucial responsibility for the notary to store and maintain the notary protocol properly.

Q: What is the archival law in Indonesia?

A: The archival law in Indonesia is governed by Law Number 43 of 2009 concerning Archives. This law provides a framework for the management of archives, including the destruction of archives that are no longer considered relevant or useful.

Q: What is the doctrine of the validity period of the archive?

A: The doctrine of the validity period of the archive states that the validity period of the archive is a maximum of 30 years. After that time passed, the archive was considered to no longer have power as evidence in court.

Q: Why is it important to have a clear retention schedule for the notary protocol?

A: It is important to have a clear retention schedule for the notary protocol because it will provide the notary with better legal certainty and ensure that the state archives are managed effectively and efficiently.

Q: What are the consequences of not having a clear retention schedule for the notary protocol?

A: The consequences of not having a clear retention schedule for the notary protocol include the destruction of archives that are still relevant or useful, and the potential loss of vital information that is essential for the integrity and accountability of the documents they manage.

Q: What is the role of the notary in managing the notary protocol?

A: The notary has a crucial role in managing the notary protocol, including storing and maintaining the protocol properly, and ensuring that the protocol is destroyed in accordance with the archival law.

Q: What are the benefits of having a clear procedure for the destruction of archives?

A: The benefits of having a clear procedure for the destruction of archives include ensuring that the process is transparent and accountable, and preventing the destruction of archives that are still relevant or useful.

Q: What are the potential consequences of not having a clear procedure for the destruction of archives?

A: The potential consequences of not having a clear procedure for the destruction of archives include the destruction of archives that are still relevant or useful, and the potential loss of vital information that is essential for the integrity and accountability of the documents they manage.

Q: What is the importance of training and education for notaries in managing the notary protocol?

A: The importance of training and education for notaries in managing the notary protocol includes ensuring that notaries have the necessary skills and knowledge to manage the protocol properly, and preventing the destruction of archives that are still relevant or useful.

Q: What are the potential consequences of not providing training and education for notaries in managing the notary protocol?

A: The potential consequences of not providing training and education for notaries in managing the notary protocol include the destruction of archives that are still relevant or useful, and the potential loss of vital information that is essential for the integrity and accountability of the documents they manage.

Q: What is the role of the government in ensuring that the notary protocol is managed properly?

A: The government has a crucial role in ensuring that the notary protocol is managed properly, including providing clear guidelines and regulations for the management of the protocol, and ensuring that notaries have the necessary training and education to manage the protocol properly.

Q: What are the potential consequences of not having clear guidelines and regulations for the management of the notary protocol?

A: The potential consequences of not having clear guidelines and regulations for the management of the notary protocol include the destruction of archives that are still relevant or useful, and the potential loss of vital information that is essential for the integrity and accountability of the documents they manage.

Q: What is the importance of transparency and accountability in the management of the notary protocol?

A: The importance of transparency and accountability in the management of the notary protocol includes ensuring that the process is transparent and accountable, and preventing the destruction of archives that are still relevant or useful.

Q: What are the potential consequences of not having transparency and accountability in the management of the notary protocol?

A: The potential consequences of not having transparency and accountability in the management of the notary protocol include the destruction of archives that are still relevant or useful, and the potential loss of vital information that is essential for the integrity and accountability of the documents they manage.

Q: What is the role of the public in ensuring that the notary protocol is managed properly?

A: The public has a crucial role in ensuring that the notary protocol is managed properly, including being aware of the importance of the notary protocol and the potential consequences of not having a clear retention schedule and procedure for the destruction of archives.

Q: What are the potential consequences of not being aware of the importance of the notary protocol?

A: The potential consequences of not being aware of the importance of the notary protocol include the destruction of archives that are still relevant or useful, and the potential loss of vital information that is essential for the integrity and accountability of the documents they manage.

Q: What is the importance of collaboration between the government, notaries, and the public in ensuring that the notary protocol is managed properly?

A: The importance of collaboration between the government, notaries, and the public in ensuring that the notary protocol is managed properly includes ensuring that the process is transparent and accountable, and preventing the destruction of archives that are still relevant or useful.

Q: What are the potential consequences of not having collaboration between the government, notaries, and the public in ensuring that the notary protocol is managed properly?

A: The potential consequences of not having collaboration between the government, notaries, and the public in ensuring that the notary protocol is managed properly include the destruction of archives that are still relevant or useful, and the potential loss of vital information that is essential for the integrity and accountability of the documents they manage.