EKSISTENSI MAJELIS PENGAWAS DAERAH JABATAN NOTARIS DITINJAU DALAM KONSTRUKSI AJARAN HUKUM ADMINISTRASI NEGARA

Abstract

The Existence of the Regional Supervisory Council of Notary Positions is Reviewed in the Construction of State Administrative Law Teachings". The purpose of this study is to analyze the existence of the Regional Supervisory Council in the Notary Position in terms of the construction of State Administrative Law teachings and to determine the arrangement of the Regional Supervisory Council in the Notary Position Act after the decision of the Constitutional Court No.49/PUU-X/2012 This research is a Normative Legal Research (Normative Legal Research). Normative Legal Research is legal research that places law as a system of norms. The system of norms in question is about principles, norms, rules of statutory regulations, court decisions, agreements and doctrines (teachings). The delegation of authority for guidance and supervision from the Minister of Law and Human Rights to the MPN and MKN legally does not have legality in state administration originating from the delegation's authority. Because it does not meet the legality, the formation of MPN and MKN becomes a juridical defect. As a result, the position of MPN and MKN as notary supervisors is unclear because they are not part of the government but also not a legal entity. Constitutional Court Decision No. 49/PUUX/2012 dated 28 May 2012 on Judicial review of Article 66 Paragraph 1 of Law No. 30 of 2004 concerning the authority of the Regional Supervisory Council, which has an effect on the authority of the Regional Supervisory Council contained in Law No. 30 of 2004 concerning the Position of a Notary. The existence of this Constitutional Court's decision raises Juridical Implications for the Existence of the MPD.