Physical And Sensory Disabilities: Legal Certainty And Justice In The Notary Profession

Tiara Maharani; M. Hamidi Masykur; Arini Jauharoh

doi:10.55173/yurisdiksi.v21i4.348

Authors

Tiara Maharani Faculty of Law, Brawijaya University Malang, Indonesia
M. Hamidi Masykur Faculty of Law, Brawijaya University Malang, Indonesia
Arini Jauharoh Faculty of Law, Brawijaya University Malang, Indonesia

DOI:

https://doi.org/10.55173/yurisdiksi.v21i4.348

Keywords:

Notary Position, Physical Disabilities, Sensory Disabilities, Legal Certainty, Dignified Justice

Abstract

This study examines the legal issues regarding the requirements for appointment as a Notary as regulated in Article 3 of the Notary Law (UUJN), with a focus on the regulation of physical and sensory disabilities. The background of this study is the incompleteness of norms in the UUJN which has the potential to cause legal uncertainty and discriminatory practices against persons with disabilities, both at the stage of appointing a Notary and against Notaries who experience life events that cause physical and/or sensory disabilities. The UUJN requires Notaries to be physically and mentally healthy, but does not provide explicit regulations regarding the limits and parameters of such health in relation to disabilities. This study aims to analyze the concept of physical and sensory disabilities in relation to the implementation of the Notary's authority and obligations and to formulate an ideal form of regulation to realize legal certainty and justice for all citizens. The research method used is normative legal research with a statutory approach and a conceptual approach. The analysis is carried out systematically and grammatically against the UUJN, the Health Law, the Law on Persons with Disabilities, and the Human Rights Law, and is based on the theory of legal certainty and dignified justice. The research results indicate that the requirement for physical health must be interpreted functionally, focusing on a person's ability to perform the duties of a notary, rather than on absolute physical condition. An analysis of the notary's authority and obligations indicates that upper locomotor and sensory functions play an essential role, while lower locomotor functions are not decisive. Therefore, this study proposes amendments to Article 3 of the UUJN by adding norms that recognize the ability to perform the position with or without reasonable accommodation, including the use of assistive technology. Furthermore, it is necessary to regulate leave procedures, functional assessments, and evaluations for notaries who experience disabilities after being appointed.

References

Anhar, H. I. (2024). Legal Consequences for Notarial Deeds That Do Not Meet the Provisions of Article 38 of Law Number 2 of 2014 Concerning the Position of Notaries (Study of Decision Number 530/Pdt. G/2016/PN. Dps.). Islamic University of Indonesia.

Borman, M. S. (2019). The Position of Notaries as Public Officials from the Perspective of the Notary Law. The Position of Notaries as Public Officials from the Perspective of the Notary Law, 3(1).

Chandra, I. G. A. W., & Purwanto, I. W. N. (2024). The Role and Responsibilities of a Notary in Public Services Based on Professional Ethics, Morals, and Law. Journal of Law, Politics, and Humanities, 4(6), 1937–1945.

Diatmika, I. G. A. O., Atmadja, I. D. G., Utari, S., & Ketut, N. (2014). Legal protection for the notary position in relation to alleged malpractice in the process of preparing authentic deeds. Udayana University.

Fitriyana, I. (2018). Legal Certainty of Sharia Contracts Made in the Form of Notarial Deeds (Reviewed from Law Number 02 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Notary Position). Islamic University of Indonesia.

Giansanti, D., & Pirrera, A. (2025). Integrating AI and assistive technologies in healthcare: Insights from a narrative review of reviews. Healthcare, 13(5), 556.

Iryadi, I. (2018). The Position of Authentic Deeds in Relation to Citizens' Constitutional Rights. Constitutional Journal, 15(4), 796–815.

Itasari, E. R. (2020). Legal Protection for Persons with Disabilities in West Kalimantan. Integralistik, 31(2), 70–82.

Marzuki, P. M., & Sh, M. S. (2021). Introduction to Legal Science. Prenada Media.

Mozes, N. Z. (2020). Educational Rights of Children with Disabilities from a Human Rights Perspective. Lex et Societatis, 8(3).

Rahmatillah, R. (2025). Legal Protection for Persons with Disabilities Based on Law Number 8 of 2016 Concerning Persons with Disabilities. Malikussaleh University.

Richards, R. J. (1999). Disabilities in Notary Law and Practice, 32 J. Marshall L. Rev. 1033 (1999). UIC Law Review, 32(4), 7.

Sendawan, T., Agustina, R., & Makarim, E. (2024). Legal Antinomy in Exercising Civil Rights of Persons with Disabilities in Notarial Activities: Lessons Learned from Indonesia. JSEAHR, 8, 237.