The Responsibilities of Notary Staff as Witnesses for the Confidentiality of Deed Contents in Semarang Regency

Abstract

In carrying out the duties of his office, a Notary needs employees to manage the administration of his office. This authority can legally be delegated by employees with the provisions as regulated by binding law. Thus, notary staff has broad access to a deed made by or before the Notary where he works. In other words, these deeds can be easily read and known by people who are not parties or heirs of the parties to the agreement. This research approach method uses the type of research used in this research is Juridical-Normative which means an approach that refers to the rules of law and applicable legislation. Normative juridical research basically refers to activities that examine internal aspects in order to solve problems from positive law. Therefore, research with this approach is a method of legislation reviewed from the aspect of a value of legislation (vertical) and relationships with legislation (horizontal). The research results show that: First, Notary Staff can be held criminally or civilly liable due to abuse of confidentiality, the obligation of notaries and Notary office staff to keep the contents of deeds or information required in making authentic deeds confidential.  Second, therefore, Article 322 of the Criminal Code cannot be applied to the witness because his capacity as a witness is not attached to a professional position. Witnesses who do not maintain the confidentiality of Notary documents are classified as unlawful acts.