Notary's Evidentiary Position In Court Proceedings Without The Approval Of The Regional Honor Council

Abstract

Every Notary who gets a summons from an Investigator or other legal apparatus cannot be summoned just like that, because Notaries are different from the general public. In terms of summoning a Notary to be a witness and provide information on the alleged criminal offense related to the deed he made is not easy. This research uses normative research methods. The evidentiary power of notary testimony examined without Notary Regional Honorary Council (MKNW) approval creates juridical dualism between formal and material validity. Although the Minutes of Examination (BAP) is still recognized as a letter of evidence based on Section 184 of the Criminal Procedure Code, its status drops to an underhand deed with free evidentiary power (vrij bewijs) which depends on the judge's assessment. In the event that a Notary provides testimony without Notary Regional Honorary Council (MKNW) approval in the judicial process, there are legal risks that can impact the validity of the evidence submitted. In criminal court, a Notary's statement given without MKNW's approval can be considered legally flawed, thus potentially cannot be used as valid evidence. In addition, Notaries who provide testimony without approval may face administrative sanctions from the MPN, including revocation of their license to practice or other disciplinary measures. Meanwhile, in civil court, notarial testimony given without approval can lead to legal disputes regarding the validity of the deed made, which in turn can harm interested parties in the legal transaction. MKNW's approval is crucial in the process of Notary examination by the Investigator because it serves as a mechanism for legal protection and ethics of the notary profession. This approval ensures that the examination is conducted in accordance with the provisions of Section 66 Verse (1) of Notary Law, which stipulates that the summoning and examination of Notaries must be authorized by MKNW in order to maintain the integrity of the deed and the confidentiality of the Notary profession as a Public Official. Thus, MKNW acts as a supervisory institution that ensures that the investigation process does not violate the rights and obligations of notaries and maintains that the deeds made still have legal validity.