Legal Protection for Notaries in Indonesia from Criminalization When Carrying Out Their Duties

Sep 15, 2026

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Notary positions in Indonesia hold strategic value in civil law because they underpin authentic evidence for community legal actions. Yet criminalization and insufficient legal protection during performance can erode notarial professionalism and threaten confidence in legal products. This study examines the concept of legal protection against criminalization for notaries carrying out official duties through normative legal research using statutory, conceptual, historical, and philosophical approaches.

LanguageEnglish

CategoryLetters

FormatPDF

Pages7

Reading Time3 min

AccessFree to download

Introduction

Notary’s strategic role in civil law

Legal protection and legal certainty through authentic deeds

|
International Journal of Multicultural and Multireligious Understanding | [http://ijmmu.com](http://ijmmu.com)[ ](http://ijmmu.com)[editor@ijmmu.com](editor@ijmmu.com)[ ](editor@ijmmu.com)[ISSN 2364-5369](ISSN 2364-5369)[ ](ISSN 2364-5369)Volume 10, Issue 1 January, 2023 Pages: 365-371 | | --- | --- | | Legal Protection for Notaries in Indonesia from Criminalization When Carrying
Out Their Duties
Caroline Haryono; Slamet Suhartono; Otto Yudianto
Doctoral Program, Faculty of Law, University of 17 August 1945 Surabaya , Indonesia
[http://dx.doi.org/10.18415/ijmmu.v10i1.4381](http://dx.doi.org/10.18415/ijmmu.v10i1.4381) | | Abstract The position of a notary is very strategic in civil law because this profession is related to the most basic and very basic matters in legal actions carried out by the community. In carrying out their authority as general/public officials, notaries often need to get legal protection for legal products that have been made when these products cause legal problems. A notary, in carrying out his position, has a high professional ability, however, if in carrying out his position, he is always criminalized and there is no protection for notaries in carrying out their duties, then it is feared that it will undermine the professionalism of notaries in Indonesia. This study analyzes the concept of legal protection for notaries in carrying out their duties. This research is normative legal research using a statutory, conceptual, historical, and philosophical approaches. The concept of legal protection against the criminalization of a notary in carrying out their official duties, namely that a notary legally must be given rights by law clearly and explicitly in the form of an obligation to refuse to provide information regarding the confidentiality of his position, this right is realized by having the right to deny or resign as a witness, insofar as it concerns information of a confidential nature. Keywords: Notary; Criminalization; Legal Protection Introduction A notary is a profession that provides legal services to the wider community. Notaries have responsibilities related to authentic evidence in the form of letters, deeds, and written documents against various legal actions. Notaries have a very important position not only in creating legal certainty but also in terms of providing legal protection to the public. The position of a notary is very strategic in civil law, because this profession is related to the most basic and very basic matters in legal actions carried out by the community. The community, both the subject and the legal object of every legal action taken, will be very burdened by the various administrative complications it goes through. Documents related to legal actions to be carried out will not be arranged correctly and in accordance with legal procedures if done by someone who is not an expert and who understands the field. Therefore, notaries are here to offer services to help the community. Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary (UUJN) has jointly used a notary institution as a Position (Notary Position) and a notary as a Profession (Notary Profession) . In Article 1 Number 1, UUJN explains, "Notary is a public official authorized to make authentic deeds and has other authorities as referred to in this Law or based on other laws." The position of a notary as a public official means that the authority that exists with a notary is never given to other officials. As long as this authority does not become the authority of other officials in making authentic deeds, this authority becomes the authority given to a notary. So important is the notary's role in creating legal certainty over legal relations carried out by those who carry out legal actions. Because the notary is a profession based on the full trust of the parties, the statutory rules governing the position of the notary are enforced. As

FAQs

Why are notaries considered strategically important in Indonesia’s civil law?

Notaries provide legal services that support authentic evidence, ensuring legal certainty and protection for the public in various legal actions.

What problem does the study focus on regarding notaries?

It focuses on how notaries can be criminalized while performing duties without adequate legal protection, which may undermine their professionalism.

What type of legal protection is proposed for notaries against criminalization?

Notaries should be granted clear legal rights, including the obligation to refuse to provide confidential position information, realized through the right to deny or resign as a witness when it concerns confidential information.

Sep 15, 2026

Upload by Liam