Juridical Analysis of the Regulation of the Offices Law Notary Article 15 Paragraph (2) Letters F And G

Endang Yuniarti

Abstract


Article 15 paragraph (2) letters f and g "make deeds relating to land or auction minutes deeds". Referring to the legal principle of lex posterior derogate legi priori (the latest law overrides the old law) then those who implement it are indeed PPAT officials and Auction Officials. The purpose of writing is to analyze the juridical analysis regarding the regulations of the Notary Position Law Article 15 paragraph (2) letters f and g and provide input for solutions. The approach method in this research uses normative juridical. Data collection was carried out through library research studies. Processing of this research data with secondary data is divided into primary, secondary and tertiary legal materials. The results of this research, the researcher provides conclusions and suggestions that Notaries are not authorized to make Auction Minutes Deeds in their capacity as Notaries, because this would conflict with Article 35 of the Auction Regulations (Vendu Reglement). Notaries can only make auction minutes deeds and carry out auctions in their capacity as Class II Auction Officials, as regulated in Article 7 of the Auction Instructions (Vendu Instructions) in conjunction with Article 1 Paragraph (1) of the Regulation of the Minister of Finance of the Republic of Indonesia Number 159/PMK.06/2013 concerning Class II Auction Officer.


Keywords


Disharmonization; Law; Notary; Public.

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References


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Regulation:

The 1945 Constitution of the Republic of Indonesia.

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