PENYALAHGUNAAN HAK INGKAR NOTARIS DALAM PENYIDIKAN PERKARA PIDANA

The existence of Notaries is closely related to public trust. Given the trust awarded, a notary is obliged to keep secrecy on the everything related to the contents of the deed that he or she makes and all information related that to the deeds, which he or she obtains. Much attention have been given to notaries due to various criminal cases involving notaries. Abuses on authority and obligation which the notaries perform need legal consequences. Therefore, it is necessary to identify the types of abuses which the notaries performed in terms of the notary�s right of refusal and its preventions. Based on the aforementioned, problem investigated in this research involve: What are the types of abuses related the notary�s right of refusal in crime investigation and what actions that the investigators carry out on such abuses. Normative and empirical juridical method and specification used in this research was normative descriptive study. Based on the result, it is concluded that when notaries are called by the police investigators, the notaries will not answer investigator�s questions that has already been stated in the deeds. In addition, the notaries may not fulfill police investigator� call due to unvailibility of the decision from Majelis Pengawas Daerah (Local Supervisory Board)