PENGAWASAN NOTARIS OLEH MAJELIS PENGAWAS NOTARIS DAERAH PASCA PUTUSAN M.K.NO. 49PUU-X2012

he Law on Position of Notary (UUJN) No 30 Year 2014, the supervision of a notary is conducted by the Minister, and the supervisory word in it also includes the guidance. To carry out the duties referred to by the minister, in this case the Minister of Justice and Human Rights established the Supervisory Board of Notary, which is an agency having the authority and obligation to conduct supervision and guidance on the notary. Article 66 Paragraph (1) UUJN determines: For the purposes of the judicial process, investigators, prosecutors, taking photocopies of minas deeds and / or letters embedded in minority deed or notary protocols, and notarial notes to be present in the examination relating to the deeds they make , Or notary protocol, with the approval of the MPD. The Constitutional Court in its decision No. 49 / PUU-X / 2012 states that the phrase “with the approval of the Regional Supervisory Board” in Article 66 UUJN, is contradictory to the 1945 Constitution and has no legal force. The juridical issue is: What are the powers of the MPD after the Constitutional Court’s decision No. 49 / PUU-X / 2012? And What is the mechanism of notary examination by MPD? With this type of normative legal research the problem is answered, that the task and authority of the MPD after the Constitutional Court Decision. No. 49 / PUU-X / 2012 only to conduct periodic and / or deemed necessary inspections and to conduct a notary examination if there is a complaint from the public. Duties and authorities of a notary as referred to in Article 66 UUJN, based on No. 2 of 2014 as Law on Amendment of UUJN is conducted by the Honorary Board of Notary. Regarding the mechanism of inspection of a Notary must be done in accordance with UUJN Number 30 Year 2004, UU Per UUJN No 2 Year 2014, Regulation of the Minister of Justice and Human Rights of the Republic of Indonesia Number M.02.PR.08.10 Year 2004 About Procedures for Member Appointment, Dismissal of Members, Organizational Structure, Work Procedures, and Procedure of Notary Inspection; And Decree of the Minister of Justice and Human Rights of the Republic of Indonesia No. M.39-PW.07.10 of 2004 on Guidelines for the Implementation of Duties of the Notary Supervisory Board.