POLITIK HUKUM KENOTARIATAN TERHADAP LARANGAN NOTARIS MERANGKAP JABATAN SEBAGAI PEJABAT NEGARA

Abstract

Through legal politics, a rule will be born that will later apply in the life of society. Legal politics is a legal policy or official line (policy) regarding the law that will be enforced properly by making new laws or by replacing old laws, in order to achieve state goals. Every person who holds the position of Notary will be bound and must comply with a set of regulations that regulate the position of Notary, namely Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary and is also regulated in the Notary Code of Ethics. In the UUJN, Notaries are prohibited from holding concurrent positions as Civil Servants, State Officials, Advocates, Leaders or Employees of State-Owned Enterprises. The prohibition on holding concurrent positions for Notaries is because at some point a conflict of interest may occur. Based on the background above, the author raises the problem of how the notary legal policy relates to the prohibition of Notaries from holding concurrent positions as state officials and why Notaries are prohibited from holding concurrent positions as State Officials. This paper uses a normative legal research method. Data sources consist of primary, secondary and tertiary data. The results of the discussion show that Legal Politics greatly influence the existence of the Notary position. This can be seen from the regulations that have been issued to regulate the Notary position. The prohibition on dual positions of Notaries who also serve as state officials is regulated in Article 17 letter (d) of the UUJN. Notaries as public officials must prioritize service to the community. By holding dual positions, a Notary can be said to be unprofessional in carrying out his work.