The Right to Denial as Legal Protection for Notaries Dealing with Special Criminal Actions

The right of notary refusal is not only a right, but also has become an obligation. If the obligation is violated, will be subject to sanctions according to law. Notary not only has the right not to speak, but also has an obligation not to speak. Juridically, the right to refuse a notary is contained in Article 1909 (3) of the Civil Code (KUHPer) and refers to Article 146 (1) to 3 HIR. Meanwhile, the obligation to disobey a notary comes from Article 4 (2) UUJN and Article 16 (1) letter e UUJN. Today, there are many cases where the notary’s name is involved, for example, such as a notary who is presented as a witness regarding a deed he made and used as evidence in a court case. Even though the notary has been given the right of denial in order to get legal protection for the deeds and his position as someone who knows the secrets of his client. However, in practice, notaries do not receive legal protection as mandated in related laws.