Position of Deed Made by a Retired Notary in Court Proceedings in Banda Aceh

Abstract

Article 65 of Law No. 2 of 2014 concerning Notarial Department states "Notary, Substitute Notary and Notary Acting Officer are responsible for any deed made even though the Notary Protocol has been submitted or transferred to the notary protocol depository." In practice, it often occurs when the Protocol Deed is transferred to the Notary protocol holder of the party harmed by the existence of the deed to a lawsuit involving a retired notary public. This is as happened in the case in the Banda Aceh District Court. This relates to the summoning of witnesses who must obtain approval from the Notary Honorary Assembly in accordance with Article 66 paragraph 1 of the UUJN. This research aims to explain the position of the Deed made by a retired Notary who is sued to the Court and the liability of the Notary Protocol Holder if the Deed of Protocol held in question in the Court and to know the need for approval from the Notary Honorary Assembly if the retired notary is called as a witness in a court case. The research method used is normative research method. The data used is primary data. The results showed that: A retired notary (werda) the position of the deed that he made as a deed of protocol submitted to the Notary protocol holder. If the deed of protocol is questioned to the court, then the retired notary is responsible for the deed he made. The notary of the Protocol holder cannot be held liable for the Deed of Protocol he holds if it is in question in the Court. If there is a problem with the deed then the responsible person remains the notary concerned and not the notary protocol holder. The summons of a retired Notary does not require permission from the Notary Honorary Assembly (MKN).