Turning the Substitute Notary Into an Acting Notary Upon the Death of the Notary Public

Abstract

This research aims to examine the possibility to turn the Substitute Notary into an Acting Notary upon the death of the Public Notary. The study is formulated based on the following research problems, namely, first, Is it possible to turn the status of the Substitute Notary into an Acting Notary upon the death of the Notary Public?, and second, how is the position of a Substitute Notary who changed his status to an Acting Notary in deed formulation? This is a normative legal research, which analyzes problems by way of combining legal materials and supported by primary data obtained from real cases, which have occurred in Kulonprogo Regency. The study was conducted using the statutory and conceptual approach with descriptive-qualitative analysis as a way to answer the predetermined problem formulations through narrative description. The research revealed that, first, the changing status from a Substitute Notary into an Acting Notary as regulated in Article 35 paragraph (3) UUJN-P is of an immediate nature. The study indicated that UUJN does not regulate any provisions regarding certain procedures relevant to this, and second, the Substitute Notary who Acts as the Notary Public has the authority to formulate deeds in his own name on the basis of Acting Notary on Article 35 paragraph (3) and paragraph (4) UUJN-P, which is stated at the beginning of the deed.