Scholars International Journal of Law, Crime and Justice Abbreviated Key Title: Sch Int J Law Crime Justice ISSN 2616-7956 (Print) |ISSN 2617-3484 (Online) Scholars Middle East Publishers, Dubai, United Arab Emirates Journal homepage: https://saudijournals.com Original Research Article Reconstruction Regulation of Zonation Expansion of Notary Position in Indonesia Based on Justice Value Erwin Riduan1*, Lazarus Tri Setyawan2, Aryani Witasari3 1Doctorate Student of Faculty of Law Sultan Agung Islamic University Semarang, Indonesia 2,3Faculty of Law Sultan Agung Islamic University Semarang, Indonesia DOI: 10.36348/sijlcj.2021.v04i01.004 | Received: 14.01.2021 | Accepted: 27.01.2021 | Published: 29.01.2021 *Corresponding author: Erwin Riduan Abstract The provisions for the formation of a Notary's position as regulated in Law Number 2 of 2014 concerning Notary Office basically need to be used as an additional requirement for the appointment of a Notary, so that it cannot create multiple interpretations between the terms of the appointment of a Notary and the provisions for the formation of a Notary's position. Therefore, it is necessary to make a study that examines the weaknesses of the zoning arrangement for notary positions in Indonesia at this time and how to reconstruct the zoning arrangements for a notary position in Indonesia that is just studied using the socio-legal approach method, namely by conducting reciprocal research between law and non- doctrinal institutions. is empirical/ social in analyzing legal principles that apply in society. The results showed that the arrangement of zoning expansion of notary positions in Indonesia has not been able to solve the problem of equal distribution of notaries. Permenkumham Number 27 of the Year 2016 concerning Formation of Notary Positions and Determination of Regional Categories. The minister's authority to appoint notaries in certain districts/ regions is limited according to the existing formation. Constraints and solutions in the arrangement of zoning for notary positions in Indonesia that the placement of Notaries is in accordance with their designation, due to the fact that the submission of work placements by Notaries is not evenly distributed, many Notaries ask for formations in big cities only, Notaries rarely apply for placements in small cities, To overcome this the Government issued a regulation, namely Decree No. M.01.HT.03.01, of the Year 2003, Concerning Notaries Article 5 in conjunction with Decree No.M.01.HT.03.01, of the Year 2006 concerning Terms and Procedures for the Appointment, Transfer and Dismissal of Notaries. Seeing these problems, the Reconstruction of zoning expansion arrangements for notary positions in Indonesia based on the value of justice is needed. Namely by realizing the distribution and distribution of notaries in every district or city that is good and correct according to the needs of the community. Keywords: Reconstruction, Notary, Authorization Zone, Justice Value. Copyright © 2021 The Author(s): This is an open-access article distributed under the terms of the Creative Commons Attribution 4.0 International License (CC BY-NC 4.0) which permits unrestricted use, distribution, and reproduction in any medium for non-commercial use provided the original author and source are credited. NTRODUCTION Notary is essentially holding a noble position. This I noble character is reflected when the notary takes an The birth of a Notary Office based on statutory oath and promise before carrying out his position, regulations gives meaning to the importance of the which in essence is a form of respect for the mandate position, role, and function of the Notary in the life of given by the state. the nation and state. Based on the order of legislation in Indonesia, the UUJN and its implementing regulations Notaries are the only public officials appointed derive from or obtain at the same time the spirit of its by the state (through the authority delegated to the enactment from the 1945 Constitution. basic norms Minister of Law and Human Rights) who do not receive (grundnorm) of state life as well as Article 1 paragraph salaries and pensions like other state servants. A Notary (3) which states that the Indonesian State is a has two sides of rights and obligations in himself, in constitutional state. This implies that a Notary is a addition to carrying out the rights and obligations as a position mandated by the 1945 Constitution to jointly public official, namely a state representative in civil develop and achieve the goals of the Indonesian State affairs, physically a Notary is also an ordinary human within the framework of a constitutional state based on whose nature is the creation of God almighty who has Pancasila. It is not an exaggeration to say that the natural rights and obligations of mankind, including the Citation: Erwin Riduan et al (2021). Reconstruction Regulation of Zonation Expansion of Notary Position in Indonesia 19 Based on Justice Value. Sch Int J Law Crime Justice, 4(1): 19-26. Erwin Riduan et al., Sch Int J Law Crime Justice, Jan, 2021; 4(1): 19-26 right to live properly, the right to obtain justice and the Action through observation directly and in detail to the right to obtain legal protection and to be treated fairly problem analyzed. with due observance of the position he holds, therefore both sides must support each other [1]. The research type used in writing this paper is a qualitative research. Writing aims to provide a The fulfillment of the rights and obligations of description of a society or a certain group of people or a the notary office depends on the fulfillment of the rights description of a symptom or between two or more and obligations of the individual Notary as a natural symptoms. human being created by God. On the other hand, the rights and obligations of individual Notaries as natural Approach method used in this research is human beings created by God through their choice to Empirical-Juridical [4], which is based on the norms of serve the State by holding the position of Notary are law and the theory of the existing legal enforceability of expected to be fulfilled properly and fairly. Both sides a law viewpoint as interpretation. should receive equal attention from the state because this determines the uprightness and solidity of the As for the source of research used in this study are Indonesian Notary's position and of course, affects the 1. Primary Data is data obtained from information and honor and dignity of the state as the author of information from respondents directly obtained attribution for the notary's position. Notary as a position through interviews and literature studies. needs a person appointed to take the office. Outwardly, 2. Secondary Data is an indirect source that is able to the holder or holder of a Notary office is an individual provide additional and reinforcement of research citizen who meets the requirements to carry out the data. Sources of secondary data in the form of: mandate of the position. As an individual, a citizen has Primary Legal Material and Secondary Legal natural rights that must be respected and upheld by the Materials and Tertiary Legal Material. state, apart from of course individual obligations. In this study, the author use data collection Based on Law Number 30 of 2004 concerning techniques, namely literature study, interviews and the Position of Public notary (UUJN) as amended by documentation where the researcher is a key instrument Law Number 2 of 2014 concerning Amendments to that is the researcher himself who plans, collects, and Law Number 30 of 2004 concerning the Position of interprets the data [5]. Qualitative data analysis is the Public notary, in particular Article 18 paragraph (2) process of searching for, and systematically compiling states that the working area of a notary covers the entire data obtained from interviews, field notes and province from his domicile. This means that the notary documentation by organizing data into categories, is authorized to make deeds as long as the legal action describing it into units, synthesizing, compiling into is carried out within its working area, which covers all patterns, selecting important names and what will be provinces in the place of domicile of the notary studied and make conclusions. concerned. For example [2], A notary who is domiciled in Bekasi, has the right to make deeds in Bandung, RESEARCH RESULT AND DISCUSSION Cirebon, Sukabumi, and so on. Because these areas are 1. Weaknesses of the Zoning Arrangement for still included in their working area (West Java Notary Positions in Indonesia Currently province). However, he is not entitled to make a deed in The Weaknesses of The Current Zoning Tangerang, even if its distance is closer to Bekasi. Arrangements for Public notary Positions in Indonesia Because Tangerang is already included in Banten are basically divided into two things, namely due to Province. expansion and the lack of notaries in remote areas. Regional expansion in Indonesia is the establishment of This problem is what urges the author to study it new administrative areas at the provincial and city and further in a research with the following issues district levels from the parent. The most recent legal 1. What are the weaknesses of the zoning arrangement basis for regional expansion in Indonesia is Law No. for notary positions in Indonesia currently? 23/2014 on Regional Government. One of them is the 2. How is the reconstruction of the zoning arrangements division of regions in Indonesia as stated in Law for notary positions in Indonesia based on justice Number 9 of 2003 concerning the Establishment of value? South Nias Regency, Pakpak Bharat Regency, and Humbang Hasundutan Regency which was issued on METHOD OF RESEARCH February 25, 2003. The paradigm that is used in the research this is the paradigm of constructivism which is the antithesis After the issuance of this Law, Nias district became 5 of the understanding that lay observation and Cities / Regencies: objectivity in finding a reality or science knowledge [3].