

































 

 

 
 

 
 

 
 

 
 

 
 

  
 

  
 

 

  

 

 

Responsibilities of a Substitute in the Event the Notary Who is
  Replaced Dies Before the Leave Ends

Dewi Tjandraningsih
Master of Law Postgraduate Islamic University Syekh Yusuf, Tangerang Indonesia

Email: ****

Abstract

The objectives of this research are a. To find out the legal status of the Substitute Notary due to 
death  before  the  leave  ends.  b.  To  understand  the  administrative  settlement  mechanism  for  a 
Substitute  Notary  due  to  death  before  the  leave  ends.  This  research method  uses  normative 
juridical  and  descriptive  which  is  supported  by  primary  data,  secondary  data,  and  tertiary  data.
The  research  results  are  based  on  article  35  paragraph  3  UUJN-P,  that  the  legal  status  of  a 
substitute Notary Public if the Notary being replaced dies before the leave ends, then the duties 
of  the  position  will  be  carried  out  by  the  Substitute  Notary  as  a  Temporary  Acting  Notary  and 
there is no need to reappoint him as a Substitute Notary as an Acting While Notary. Therefore,
the  Temporary Notary  Officer  can  carry  out  his  authority  within  30  days  from  the  date  the 
Notary  dies  and  can  make  a  deed  in  his  name  and  have  a  Notary  protocol.  Substitute  Notary 
Public Within 60 days from the notary's death, all Notary Protocols must have been prepared and 
a  Minute  of  Submission  of  the  Notary  Protocol  must  be  made.  Then  all  Protocols  are  handed 
over to the Notary Recipient of the protocol. Notary, Notary receiving the protocol, and Regional 
Supervisory Council.

Keywords: Responsibility, Substitute Notary, Death

1. Introduction

  If a notary is sick or leaves for Hajj or Umrah for a certain time and is unable to carry out 
his duties and obligations, he can apply for leave and this is the Notary's right in accordance with 
Article 25 paragraph (1) of Law Number 2 of 2014, concerning amendments to Law Number 30 
of  2004,  concerning  the  public  position  of  Notaries - UUJN-P,  namely  that  Notaries  have  the 
right to take leave. And it can be given if the Notary has carried out his duties and position for 2 
years and if less than 2 years then the Notary may not take leave.

  Applications for leave for notaries can be submitted one month in advance, the application 
also depends on the length of leave for each Notary in accordance with Article 27 paragraphs (1)
and (2) concerning Law Number 30 of 2004, as well as regarding the position of UUJN Notary,
namely: ( 1). A notary can submit a request for leave in writing and name a replacement notary.
(2). Application for leave in accordance with paragraph (1), submitted to the appointed official,
namely:  a.  to  the  Supervisory  Board  if  the  leave  period  is  less  than  6  months.  b.  to  the 
Supervisory Board if leave exceeds 6 months - 1 year. c. to the Central Supervisory Board if the 
leave  exceeds  1  year.  When  submitting  a  Notary  leave  application,  you  must  follow  the 
appointment  of  a  Substitute  Notary  to  carry  out  his/her  duties  and  position.  The  Notary 
concerned  determines  the  time  for  leave  and  is  obliged  to  appoint  a  replacement  Notary.  (3).
Appointing a replacement Notary may only be employees who have worked or are interns who 
are deemed capable of replacing them according to the Notary's assessment.

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In reality, when the Notary who is on leave dies, it is his replacement Notary who notifies 
the MPD, either in writing, verbally, or via electronic media. The death of the Notary who was 
on leave gave rise to a different legal status for the Substitute Notary, regarding his duties, 
responsibilities, and authority in serving the community. In this case, there is a legal vacuum 
between the Substitute Notary and the Notary who has died before the leave ends, regarding the 
duties of his/her position in carrying out/transferring the legal actions of the parties into the form 
of a deed, can they use the name of the Substitute Notary even though there is no longer a Notary 
to be replaced, or use the name of the Notary? Temporary officials. Therefore, the author is 
interested in researching and discussing in depth the responsibilities of a Substitute Notary if the 
Notary being replaced dies before the leave ends. 
 
2. Research Methods 
 

This research uses a normative juridical approach supported by primary data. As well as 
tertiary data. Legal research based on predetermined legal logic. Describe an overview of the 
problems at the research location. This research is about the analysis of regulations and 
legislation related to the responsibilities of a substitute notary in case of death before the end of 
leave. 
 
2.1. Data collection technique 
 

a. Primary Data Primary Data is in the form of interviews conducted with sources to 
obtain direct and in-depth information by asking questions directly to the sources who 
have been determined. 

b. Secondary Data The technique for collecting materials using library research is 
searching for legal materials by reading, viewing, or via the internet. 

 
2.2. Data analysis 

This research will describe the problem with qualitative descriptive analysis by examining 
in-depth and comprehensively (broad and complete) the related regulations. The legal material 
obtained will be sorted and grouped and then analyzed so that it can be described or described 
what the responsibilities of the Substitute Notary are if the Notary who is replaced dies and what 
the mechanism for completing the Protocol is. 
 
 
3. Results and Discussion 
3.1. Notary Rights, Obligations, and Notary Leave 
 

NotarismempunyaihakuntukmemotongsesuaiPasal 25 UUJN. 
Notarismemperbolehkanpemotongandanjugatidakmengambilhakpemotongan. SebelumNotaris 
Cut terlebihdahulumengajukanpermohonanCuti, 
danmengajukansertifikatuntukCutikepadakantorDirektorat AHU, melalui online 
yaitusebagaiberikut: 

a. Klikmasukke Website AHU 
b. Klik menu AHU, terus login Notaris 
c. Tuliskan user dan password padaakunNotaris 

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d. Pilihuntukpengajuanpotongan, danpilihsertifikatuntukpotongan 
e. Menulispermohonanuntuksertifikatcuti 
f. UntuktransaksiNotaris, dapatdibayarmelaluiisian Your All Payment 
g. Melakukantransaksidanmenerimanotifikasi 
h. Aturanpenggunaan YAP telahditentukan, tanggal 27/12/2017 danditerapkanpadatahun 

2018. 
 

Provisions regarding Notary leave are regulated in Article 25-32 UUJN, where before 
taking leave a Notary has obligations as conditions that must be fulfilled, namely the obligation 
of a Notary to carry out his or her position for 2 consecutive years and effectively. When going 
on leave, appoint a substitute Notary Public to replace his/her position duties in serving the 
community, especially in Notarial law. In appointing a Substitute Notary, on average, they only 
take employees who have met the requirements by Article 33 UUJN-P and are deemed capable 
of making decisions on each deed they will make, applying for a leave certificate first as 
mentioned above, after the Notary has fulfilled his obligations. then the Notary can take his leave 
rights. 

At the start of the leave, the Notary must submit the Protocol to the Substitute Notary by 
making an official report on the Submission of the Protocol, and vice versa, this is done 1 (one) 
day after the leave ends. 
 
3.2. Legal status of a Substitute Notary if the Notary being replaced dies before the leave 

ends. 
 

The requirements to become a Substitute Notary as stated in Article 33 UUJN-P are: an 
Indonesian citizen who has a law degree and has worked as a Notary office employee for at least 
2 (two) consecutive years. Then the Prospective Substitute Notary must complete supporting 
documents including: 

a. Photocopy of the minimum law degree certificate approved by the relevant university. 
b. Photocopy of Identity Card legalized by a Notary. 
c. Photocopy of birth certificate authenticated by a Notary. 
d. Photocopy of Marriage Certificate for those who are already married and legalized by a 

Notary. 
e. Certificate of Good Conduct from the local police. 
f. Health certificate from a government doctor. 
g. Recent color photographs measuring 3x4 = 4 (four) pieces 
h. Curriculum Vitae 

 
A notary as a public official, whose duties, authority and obligations are related to him, is 

being able to make authentic deeds. The inherent authority of a temporary substitute notary is as 
stated in Article 33 paragraph (2), regulations and laws on the position of notary, namely: It is 
already valid that the Notary is in accordance with Articles 4, 15, 16 and 17. That the temporary 
substitute notary has been determined that the Substitute Notary in carrying out his duties, 
obligations and authority, in accordance with the limitations of the Notary's position, is entitled 
to make authentic deeds, in the name of the Substitute Notary. 

Based on Article 35 paragraph 3 UUJN-P, a Substitute Notary as Temporary Acting 
Notary has a unified meaning where when the Notary on leave dies, his or her position 

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automatically becomes Substitute Notary as Temporary Acting Notary. Head of the Regional 
Supervisory Council, Mr. Haryanto, said that the Regional Office of the Ministry of Law and 
Human Rights, Yogyakarta Special Region 101, had never appointed a Temporary Notary Public 
Officer. 

In this case, this means that for the Sleman Regency area, especially regarding the legal 
status of a Substitute Notary, there will be no further appointments and the Substitute Notary will 
automatically become a Temporary Acting Notary. Regarding the legal status of the Substitute 
Notary, it remains intact and he/she still has the right to make deeds for 30 days after the Notary 
being replaced dies before the leave ends as stated in Article 35 paragraph (3) UUJN-P. 
 
3.3. Mechanism/order for completing the administration of the Substitute Notary Protocol 

if the Notary being replaced dies before the leave ends. 
 

That the Regional Supervisory Board carries out supervision of notaries in accordance with 
its level of authority, namely district and city, in accordance with the applicable Article 70- 
UUJN, namely: 

a. Can hold an examination hearing for violations of the Code of Ethics in the position and 
authority of a Notary. 

b. Can carry out inspections of Notary Protocols, routinely and periodically, annually or 
simultaneously if necessary. done 

c. Can grant permission for leave with a time limit of six months 
d. Can appoint a replacement notary with a recommendation to the notary concerned. 
e. Can determine the storage of the Notarial Deed, and if at the time it is handed over the 

Notarial Deed is twenty-five years old or more. 
f. Can appoint a Notary as a temporary office holder who is appointed as a state official in 

accordance with Article 11 paragraph (4). 
g. Can receive public reports regarding alleged violations of the Notary's Code of Ethics 

and other provisions and regulations. 
h. Can submit and make reports in accordance with letters A, b, c, d, e, f, g to the Regional 

Supervisory Board. 
 
The formed at the district or city level, has the authority as stated in Article 70 UUJN, one 

of which is point d, namely: To determine a replacement notary by taking into account the 
recommendation of the notary concerned. 

The heirs can nominate a Notary Holding the Protocol and the MPD appoints the Notary as 
the recipient of the protocol or the MPD appoints the Notary receiving the protocol for 14 
(fourteen) days, the temporary Notary. Submission of the appointment of another Notary as 
protocol holder by the MPD by attaching the following: 

a. Application letter 
b. Photocopy of the decision to appoint a Substitute Notary which has been legalized 
c. Photocopy of death certificate/death certificate that has been legalized 
d. Original letter of appointment of another Notary as Protocol holder and 
e. Photocopy of certificate of heirs and Notary or authorized official and has been 

legalized, if the Notary who dies has heirs. 
 

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With information regarding the death of the Notary, the MPD will immediately negotiate 
with its members regarding which Notary will be able to accept the Protocol from the deceased 
Notary and his Replacement Notary, taking into account the storage location of the State 
document archive in a safe place because the Notary's deed is one of the state archives. Notary 
Protocol in the explanation of Article 62 UUJN, states that the Notary Protocol consists of: 

a. Minutes of the Deed The minutes of the deed are the original notarial deed, where the 
minutes of this deed consist of (attached) the personal data of the parties and other 
documents required to make the deed. Every month the deed minutes must always be 
bound into one book containing no more than 50 deeds. On the cover of each book, the 
number of minutes of the deed, and the month and year of its creation are recorded. 

b. Deed register book or Repertorium In this Repertorium, every day the Notary records all 
deeds made by or before him, either in the form of minutes of deeds or originals. 

c. A book registering private deeds whose signing is carried out before a Notary or 
registered private deeds. 

d. The book registering names of presenters or Klapper Notaries are required to make a 
Klapper list which is arranged alphabetically and done every month, where the names of 
all persons/parties appearing, the nature and number of the deed are included. 

e. Protest register book Every month the Notary submits a Register of Protest Deeds and if 
there is none. 

 
A Notary who dies while on leave will be respectfully dismissed from his/her position and 

the heir/Substitute Notary will notify the MPD of the death of the Notary being replaced, either 
manually or electronically, no later than 7 days from the Notary's death. Notification of the 
Notary's death also includes supporting documents including: 

a. Photocopy of the Decree on the appointment of a Substitute Notary that has been 
legalized 

b. Photocopy of the death certificate/death certificate that has been legalized 
c. Original letter of proposal to appoint another Notary as Protocol Holder. 

 
4. Conclusions and Suggestions 
4.1. Conclusion 
 

Based on the results obtained and the discussion, several conclusions can be drawn, namely 
as follows: 

a. In accordance with Article 35 paragraph 3 UUJN-P which states that if a Notary dies, 
his/her duties and position can be carried out by a replacement Notary within a 
maximum of thirty working days, starting from the Notary's death. So the legal status of 
a substitute Notary Public, and if the person being replaced dies before the leave ends, 
the duties and positions can be carried out by the Substitute Notary Public. Temporary 
Notary Officials can exercise their authority for 30 days starting from the Notary's 
death, a replacement Notary can make an authentic deed in the name of the Notary 
Protocol.. 

b. Mechanism/order for completing the administration of the Substitute Notary Protocol if 
the Notary being replaced dies before the leave ends, namely, the Substitute Notary as 
Temporary Acting Notary has expired. The Regional Supervisory Council, then within a 
period of no later than 14 (fourteen) days from the end of the temporary Notary 

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Official's term of office, is required to appoint a Notary as the recipient of the Notary's 
protocol. Substitute Notary as Temporary Acting Notary Public prepares and tidies up 
all protocols and their places/cupboards as intended in the explanation of Article 62 
UUJN-P. Based on Article 35 paragraph (4) UUJN-P that "A Substitute Notary as a 
Temporary Acting Notary has a period for submitting the Notary Protocol and the 
Substitute Notary is no later than 60 days from the Notary's death", but in practice this 
often does not comply with the time limit given due to several factors, one of which is 
because the number of minutes of the deed is so large, there are still some that have not 
been bound, there is a lack of signatures from witnesses.  

 
4.2. Suggestion 

 
Based on several conclusions, several recommendations can be given, including the 

following: 
a. To ensure legal certainty for the Substitute Notary Public, there should be a re-

inauguration as a Temporary Acting Notary Public. There are different points of view 
regarding whether or not it is necessary to appoint a Substitute Notary as a Temporary 
Acting Notary. According to the view from the academic side, a Substitute Notary as a 
Temporary Acting Notary must be appointed again as a temporary official to replace a 
Notary who dies while on leave. However, in terms of implementation, in this case, the 
Minister represented by the Regional Office is the one who inaugurated, so there is no 
need for re-inauguration because the Substitute Notary as Temporary Acting Notary has 
become one unit. Therefore, it is necessary to synchronize the understanding of these 
rules to ensure legal certainty for the parties and guarantee legal protection for 
Substitute Notaries as Temporary Acting Notaries. 

b. The Regional Supervisory Council should be present at the time of handing over the 
Notary Protocol to the recipient of the Notary Protocol to synchronize the number of 
deeds submitted by the minutes of handing over the protocol signed by them, to avoid 
discrepancies in the data that constitutes the State archives. 

 
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