FAKTOR KRIMINOGEN TERHADAP PENYIMPANGAN HUBUNGAN KERJA OLEH NOTARIS (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 771 K/PID/2018)

  • Refilianosa Ibrahim Reflus Universitas Pancasila
  • Armansyah Universitas Pancasila
Keywords: Criminogen Factors on the Crime of Embezzlement, the Crime of Embezzlement by Notaries, Irregularities in the Work Relationship of Notaries

Abstract

One of the professions in the legal field that is closely related to various sectors of life is a notary. With the
development of the public service sector, the public's need for services will increase. This has an impact on
improvements in the notary services sector. The role of a notary in the service sector is as an official who is
authorized by the State to serve the public in the civil sector, especially in making authentic deeds. In the provisions
of Article 1 number 1 of Law Number 2 of 2014 concerning the Position of Notary (hereinafter referred to as
UUJN), it states that Notaries are public officials who are authorized to make authentic deeds and have other powers
as referred to in this Law or based on law. other. Notaries are public officials who carry out the profession in
providing legal services to the public. As a notary who understands the rule of law, he should be able to act in
accordance with a high legal awareness. However, in reality there are still notaries who act deviating from their
authority and position. One of the frequent violations of the Criminal Code is embezzlement. The notary was proven
to have committed irregularities in the work relationship and committed embezzlement in accordance with the
Supreme Court Decision Number 771 / K / Pid / 2018. Criminogenous factors in the criminal act of embezzlement
by a Notary will be analyzed using Bio-Sociology Theory. This research uses empirical juridical methods by
compiling hypotheses based on primary, secondary and tertiary data. Notary Internal and External Factors as
Criminogen Factors on the Crime of Embezzlement. Internal factors such as lack of obedience and the desire that 
comes from within the Notary to commit embezzlement. External factors that come from the environment, such as the encouragement of notary's economic needs. We can find out these factors earlier by conducting a series of
psychological tests which are one of the conditions for the appointment of a Notary

Published
2021-06-29
Section
Articles