DIALING AND INVESTIGATION OF NOTARY BY INVESTIGATOR POLICE

Relationship notary to do with legal issues consciously or notary in practice are often faced with the proceedings or deal with the authorities caused the parties to a deed in front of him, and that the dispute can be reported to the investigator. So often a notary summoned by investigators with regard to the deed he made. In terms of the calling and notary investigation by an investigator there own rules set out in the Act. Although the implementation of the functions and investigations and inquiries Act gives the right to call, check, catching, defense minister, searched, confiscated to suspects and items are considered connected with a criminal offense, but in exercising its rights and authority must be obedient and subject to the principle of the right of due process (upholding the rights of the accused in the process of law enforcement). Each suspect is entitled researched and investigated based in accordance with the applicable law of criminal procedure. The concept of due process associated with the foundation of upholding the rule of law in dealing with crime. No one is located and put themselves above the law and the law should be applied to anyone based on the principle of treatment in an honest way. The application of the criminal law should be in accordance with the constitutional requirements and must comply with the law. By karen it does not allow the violation of a part of the general provisions on the pretext in order to enforce another law section.


A. INTRODUCTION
Notary is a public official only authorized by the state in the field of civil law which is professionally competent make an authentic deed.
Notary is a public official authorized to make an authentic deed as far as the manufacture of certain authentic deed is not reserved for other public officials.No authentic deed required by the legislation in order to create certainty, order, and legal protection.
In addition to an authentic deed made by or in the presence of a Notary, not only because it is required by legislation 3 , but also as desired by the stakeholders to ensure the rights and obligations of the parties for the sake of certainty, order, and legal protection for interested parties as well as for society as a whole.

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the supreme power in Indonesia.Where in the articles contained in it has been ascertained that the state has provided a guarantee for all citizens to obtain certainty, order, and legal protection that core truth and justice.Certainty, order, and the legal protection that would require concrete efforts closely held as a form of state responsibility 1 Indonesian Constitution of 1945 for the welfare of all the people of Indonesia 2 .In certain areas of the task by the government through the Law given and entrusted to the Notary and vice versa community must also believe that the Deed made that provides legal certainty for citizens, in accordance with the wording of Article 15 paragraph 1 of Act No.2 of 2014 junto the Act No.30 of 2004 concerning Notary (hereinafter referred UUJN). 2 Tan Thong Kie, 1998, Study Notary and Notarial Practice Sundries, the second book, PT Ichtiar Van Hoeve Notary authorized to make the authentic act on all deeds, agreements and statutes that are required by the rules and regulations and / or desired by the stakeholders to be stated in an authentic deed, guaranteeing the creation date of the deed, saving certificates, giving grosse, copy and quotes deed, all along the deed was not also be assigned or excluded to other officials or any other person specified by law.

3.Develope
Public officials by/or before whom the deed was made, should have the authority to make the deed.9The authentic act is definitely a criminal offense if it is made in accordance with the law applicable shrimp.The legal certainty in addition to the authenticity of a certificate that has the strength of evidence, ie outwardly, formal and material as well as the ethics of a Notary Public in the running position.In carrying out his duties of the Notary not only carry out the work mandated by legislation alone as well as running a very important social function that is responsible for carrying out the trust given it serves the general public, a Notary must cling to the Notary Code.The scope of this Code set out in Chapter II, Section 2 of the Code of Notaries that where its scope covers all members of the Association and others who assume and execute well in implementing the Notary office and the office of everyday life.Based on the article can be concluded that this Code govern the behavior of members of the Association and others who assumed his position as a Notary and run well 9 GHS.Lumban Tobing S.H, Notary Regulation, Erlangga, Jakarta, p. 48.Volume V No.3 September -Desember 2018 Nur Aisyah when running the office as well as in their daily lives. 10As a profession that meets the needs of society and be responsible in their services, Notary profession have an oath of office that must be adhered to.The oath or affirmation shall be pronounced by a Notary according to his belief that done in front of the Minister or the official.If the oath is described, there are several things that should by a Notary in accordance with his promise, namely: 1. Obedient and faithful to the Republic of Indonesia, Pancasila and UUD 1945, Law on Notary, etc. 2. Running with the Notary office as trustworthy, honest, thorough, independent and impartial.3. Keeping attitudes and behavior.4. Responsibility as a Notary in accordance with the profession ethic, honor, dignity. 5. Conceal the contents of the deed and description 6. Do not give or promise anything to anybody. 1 In terms of supervision of the notary had formed a body which has the authority and obligation to 10https://adityoariwibowo.wordpress.com/2013/04/17/sekilas-tentang-kode-etik-notaris, accessed on 15 November 2017 at 10:15 Decisions which contain sanctions of dismissal while (schorsing) or dismissal (onzetting) from association membership can be submitted / filed an appeal to the Regional Ethics Board.If the checks and sanctions in the first level has been carried out by the Regional Ethics Council, since the level of the management of the areas concerned have not established the Honorary Board of the Regions, the decision of the Council of Honor The area is a decision the appellate level.Imposition of a witness on the last level carried out by the Honorary Board of the Center.Decisions which contain sanctions of dismissal while (schorsing) or dismissal (onzetting) of a membership association made by the WCA Board requested inspection area can be submitted on the last level to of the Center.Execution of sanctions in violation of the code of conduct based on the decision set by the board of the Regional Honor, Honorary council established by the Regional and Central Honorary Board implemented by the Regional Committee.In the case of a notary public or participating allegedly committed a crime then the Notary Act already provides a special mechanism.When a notary will be called by investigator, then it must be done in accordance with what has been stipulated in the Law on the Notary.Article 66 of Law Notary is very clear calling and taking minutes of the deed by the investigator.may be performed notary is giving false testimony under oath as referred to in Article 242 KUHP.Dalam efforts of the existence of a crime of "right of refusal" / "right to refuse" the notary or PPAT can be removed in the interest of the law or deed or by their general rules provide an exception as defined in article 4 (2), article 16, paragraph (1) letter e and article 54 UUJN.In other that, in the case of the alleged crime, the investigator action against the notary deed / PPAT and or protocols are in storage notary or PPAT to prove criminal case and / or the involvement of a notary or PPAT as a suspect then the investigator must consider the procedure as stipulated in article 66 UUJN as well as the Supreme Court Directive No. evidence that would convince or support the belief that criminal acts or acts that are prohibited by the penal provisions that actually have occurred.Collecting material such information to support the belief that a crime has actually occurred, should be done by considering the shared meaning of the willingness of law which in fact, whether the act or event penal (criminal) is contrary to the values that live in the community in the violations of the code of conduct, malfeasance, and if there are criminal elements.If in a Notarial acts committed happen kerugianyang Notary deed due out tasks / or an authentic deed must be accountable for the deed he had made if it turns out later raised the issue of an authentic deed.Problems arising from notarial deed made questionable, whether as a result of the notary error or mistake of the parties did not provide information and documents required honestly.If the error occurs in the manufacture of tersebutberasal authentic act of the parties to a legal act by giving information dishonest and documents complete tidk / hidden by the parties, an authentic deed made the flawed law notary, and when because the statements of the parties are dishonest or hiding something important document that should be shown to the notary public, the parties to the legal actions may be subject to criminal prosecution by other parties who feel aggrieved by the making of the authentic deed.Criminal laws that can be used to conduct criminal prosecutions against those parties is Article 266 paragraph (1) of the Penal Code which states: "Whoever ordered included false information regarding a right in an authentic deed that the truth must be stated by deed with intent for using or to get someone else to use it as if the statement is in accordance with the truth, shall be imprisoned forever seven years if its use can result in losses.Notary makes authentic act referred to above even though he was not involved in the falsification of information in an authentic deed can only be done by the national police investigators in his capacity as a witness in the matter.among others: Notary makes authentic act referred to above even though he was not involved in the falsification of information in an