ANALISIS YURIDIS PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA NOMOR 25 TAHUN 2017 TENTANG UJIAN PENGANGKATAN NOTARIS YANG BATAL DEMI HUKUM (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 50 P/HUM/2018)
Daftar Isi:
- A notary is a public official whose sole authority are to make an authentic deed regarding all acts, agreements and stipulations required by a general regulation or interested parties to be stated in an authentic deed, guarantee the date, save keeping the deed and give a grosse, a copy and its quotation, all of that above as long as the deed made is not also assigned or excluded to officials or other people. Not only the appointment of notary have to fulfill the conditions specified by the law and legislation, but he/she also must be tested through an examination, which was called the Notary Appointment Examination. Notary Appointment Examinationwas a mechanism to find out the competence and obtaining an appointment of notary’s certificate. According to Minister of Law and Human Rights Regulation Number 25/2017, the purpose of the appointment of notary was to determine the feasibility and quality of prospective notaries to be placed in the territory of the Republic of Indonesia, but the regulation reaped pros and cons, therefore a judicial review was submitted to the Supreme Court. Based on the Supreme Court's ruling, the regulation was null and void, so the conditions for becoming a notary came backto the Law on Notary Office article 2, which conditions are must be of Indonesian citizenship, devotion to God, age 27, physically and mentally healthy, has bothBachelor of Law and Master of Notary certificates, 2-year internship, does not hold any other position and has never been convicted. The method used by the author in this study was a normative legal research method which supported by a legal, conceptual, and comparative approach. In this thesis the writer used conclusions using inductive methods. The results of this study explain the Notary Appointment Examination (UPN) did not become a requirement and was not regulated in Article 3 of the legislation regarding the requirements to become a Notary. With the legal construction of PERMENKUMHAM Number 62 of 2016 and PERMENKUMHAM Number 25 of 2017, according to the legal principles adopted by Indonesian law; "Lex Superior Derogat Legi Inferior" higher legislationrepeals the lower legislation.