Position of Notary in Indonesia as a State Official

Abstract

A notary is a public official authorized to make authentic deeds, but apart from that, in fact, there are also notaries who become state officials after being appointed as public officials. One of the difficulties of the The Rules of Notary Profession (UUJN) is the conflict between Article 8 paragraph (1) letter e juncto Article 3 letter g and the prohibition of Article 17 paragraph 1 letter d with Article 11 paragraph 1, so that there is a conflict of interest in concurrent positions, that raises question which steps should be taken by a Notary who doubles as a State Official. This study used a normative juridical research method, which was carried out in the library and the field using document study legal material collection tools. Based on the qualitative analysis, it is known that there are (two) solutions that regulate Notaries to become State Officials, namely the Notary is required to take leave and to appoint a replacement Notary, and the Notary is responsible for the deeds made before becoming a member of the State Officials so that they are not causing problems with multiple positions on the head of the notary deed and the replaced notary protocol.