Reformulation of the Approval of the Honorary Council of Notaries in Providing Recommendations for the Interests of the Court

The Notary Honorary Council as a new organ that emerged in the Amendment to the UUJN has become a crucial organ in the law enforcement process for the benefit of the judiciary and its efforts to maintain the nobility and dignity of the Notary Office, this is because of the approval or rejection iss...

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Main Authors: Tri Wahyudiono, Ermanto Fahamsyah, Bhim Prakoso, Gatot Eddy Pramono
Format: Article
Language:English
Published: Universitas KH Abdul Chalim, Prodi Ekonomi Syariah 2025-07-01
Series:Indonesian Interdisciplinary Journal of Sharia Economics
Subjects:
Online Access:https://e-journal.uac.ac.id/index.php/iijse/article/view/8065
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author Tri Wahyudiono
Ermanto Fahamsyah
Bhim Prakoso
Gatot Eddy Pramono
author_facet Tri Wahyudiono
Ermanto Fahamsyah
Bhim Prakoso
Gatot Eddy Pramono
author_sort Tri Wahyudiono
collection DOAJ
description The Notary Honorary Council as a new organ that emerged in the Amendment to the UUJN has become a crucial organ in the law enforcement process for the benefit of the judiciary and its efforts to maintain the nobility and dignity of the Notary Office, this is because of the approval or rejection issued by the MKN at the request of investigators, public prosecutors or judges when they want to take a photocopy of the Minutes of the Deed and/or summon a Notary related to the Deed or Notary Protocol that is in the Notary's storage. This article provides an understanding of the actual characteristics of the MKN's authority and what the MKN's recommendation formulation is in order to maintain the honor of the Notary Office and uphold the judicial process. The results of the analysis found that the MKN's authority to provide approval or rejection of requests from investigators, public prosecutors, or judges for the benefit of the judiciary and the authority in terms of guiding as referred to in Article 66 and Article 66A of the Amendment to the UUJN is categorized as attributive authority based on several reasons: Authority granted by law; Authority that cannot be transferred; and Special purpose of authority. Meanwhile, the MKNW recommendation formulation for approval or rejection is in the form of a final and binding state administrative decision, and there are no Administrative Efforts. Clear procedures serve to realize legitimacy, transparency, and responsibility as well as the protection of the rights and interests of Notaries. The structure of the recommendation for approval or rejection made by the MKNW can at least include: the identity of the parties involved, the legal basis for the application, a description of the request, considerations and reasons for approval, limitations and provisions, the validity period of the approval, signatures, and official stamps.
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publishDate 2025-07-01
publisher Universitas KH Abdul Chalim, Prodi Ekonomi Syariah
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series Indonesian Interdisciplinary Journal of Sharia Economics
spelling doaj-art-15bf82e0eb14458fb2b575be456f90eb2025-08-20T02:47:25ZengUniversitas KH Abdul Chalim, Prodi Ekonomi SyariahIndonesian Interdisciplinary Journal of Sharia Economics2621-606X2025-07-0183Reformulation of the Approval of the Honorary Council of Notaries in Providing Recommendations for the Interests of the CourtTri Wahyudiono0Ermanto Fahamsyah1Bhim Prakoso2Gatot Eddy Pramono3Universitas Jember, Jember, IndonesiaUniversitas Jember, Jember, IndonesiaUniversitas Jember, Jember, IndonesiaUniversitas Jember, Jember, Indonesia The Notary Honorary Council as a new organ that emerged in the Amendment to the UUJN has become a crucial organ in the law enforcement process for the benefit of the judiciary and its efforts to maintain the nobility and dignity of the Notary Office, this is because of the approval or rejection issued by the MKN at the request of investigators, public prosecutors or judges when they want to take a photocopy of the Minutes of the Deed and/or summon a Notary related to the Deed or Notary Protocol that is in the Notary's storage. This article provides an understanding of the actual characteristics of the MKN's authority and what the MKN's recommendation formulation is in order to maintain the honor of the Notary Office and uphold the judicial process. The results of the analysis found that the MKN's authority to provide approval or rejection of requests from investigators, public prosecutors, or judges for the benefit of the judiciary and the authority in terms of guiding as referred to in Article 66 and Article 66A of the Amendment to the UUJN is categorized as attributive authority based on several reasons: Authority granted by law; Authority that cannot be transferred; and Special purpose of authority. Meanwhile, the MKNW recommendation formulation for approval or rejection is in the form of a final and binding state administrative decision, and there are no Administrative Efforts. Clear procedures serve to realize legitimacy, transparency, and responsibility as well as the protection of the rights and interests of Notaries. The structure of the recommendation for approval or rejection made by the MKNW can at least include: the identity of the parties involved, the legal basis for the application, a description of the request, considerations and reasons for approval, limitations and provisions, the validity period of the approval, signatures, and official stamps. https://e-journal.uac.ac.id/index.php/iijse/article/view/8065Notary Honorary CouncilAuthorityRecommendation Formulation
spellingShingle Tri Wahyudiono
Ermanto Fahamsyah
Bhim Prakoso
Gatot Eddy Pramono
Reformulation of the Approval of the Honorary Council of Notaries in Providing Recommendations for the Interests of the Court
Indonesian Interdisciplinary Journal of Sharia Economics
Notary Honorary Council
Authority
Recommendation Formulation
title Reformulation of the Approval of the Honorary Council of Notaries in Providing Recommendations for the Interests of the Court
title_full Reformulation of the Approval of the Honorary Council of Notaries in Providing Recommendations for the Interests of the Court
title_fullStr Reformulation of the Approval of the Honorary Council of Notaries in Providing Recommendations for the Interests of the Court
title_full_unstemmed Reformulation of the Approval of the Honorary Council of Notaries in Providing Recommendations for the Interests of the Court
title_short Reformulation of the Approval of the Honorary Council of Notaries in Providing Recommendations for the Interests of the Court
title_sort reformulation of the approval of the honorary council of notaries in providing recommendations for the interests of the court
topic Notary Honorary Council
Authority
Recommendation Formulation
url https://e-journal.uac.ac.id/index.php/iijse/article/view/8065
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AT bhimprakoso reformulationoftheapprovalofthehonorarycouncilofnotariesinprovidingrecommendationsfortheinterestsofthecourt
AT gatoteddypramono reformulationoftheapprovalofthehonorarycouncilofnotariesinprovidingrecommendationsfortheinterestsofthecourt