Rehabilitation of Notary Offices After Cancellation of Dishonormal Dismissal In Protection of Notary Rights

Nisrina Putri Rizkya Nugroho; Arif Zainudin; R. Imam Rahmat Sjaf'i

doi:10.55173/yurisdiksi.v22i1.361

Authors

Nisrina Putri Rizkya Nugroho Faculty of Law, Brawijaya University Malang, Indonesia
Arif Zainudin Faculty of Law, Brawijaya University Malang, Indonesia
R. Imam Rahmat Sjaf'i Faculty of Law, Brawijaya University Malang, Indonesia

DOI:

https://doi.org/10.55173/yurisdiksi.v22i1.361

Abstract

Indonesia as a state based on law places legal norms as the foundation for governance and the protection of citizens’ rights. In ensuring legal certainty for civil legal acts, notaries have an important role as public officials authorized to make authentic deeds. However, in practice notaries may receive administrative sanctions, including dishonorable dismissal, if they violate their duties or the professional code of ethics. Problems arise when a dishonorable dismissal decision is later annulled by the court while there are no clear regulations governing the rehabilitation of the notary’s position. This situation creates a legal vacuum that potentially causes legal uncertainty and weak protection of notary rights. This research aims to analyze the legal provisions regarding dishonorable dismissal of notaries and to formulate appropriate regulatory concepts regarding the rehabilitation of notary offices after the cancellation of such dismissal decisions. The research uses normative legal research with statutory, conceptual, and case approaches. Legal materials consist of legislation, legal doctrines, and court decisions, particularly Supreme Court Decision Number 294 K/TUN/2021. The results show that although legal remedies are available through administrative appeals and lawsuits before the State Administrative Court, there are no explicit provisions regulating the rehabilitation of a notary after the cancellation of a dishonorable dismissal decision. Therefore, specific regulations are required to regulate the rehabilitation mechanism, including restoration of reputation, reinstatement of office, restoration of the right to practice, and the recovery of administrative rights in order to ensure legal certainty and protection of notary rights.

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