Notary's Right to Refuse to Disclose the Contents of a Deed He Has Drafted

Notaries have a duty to keep confidential all matters relating to deeds and other documents. This correlates with the right of refusal, whereby notaries have the right to refuse to provide information about their deeds to unauthorised parties. However, there is an exception to this duty: for specific purposes, a notary is permitted to provide information and explanations regarding the deeds they have drawn up to other parties, as stipulated in Article 66 of the Notary Public Law (UUJN-P). However, the issue arises regarding the extent to which this exception to the right of refusal can be applied to notaries, including when they are required to fulfil their obligations under Article 66 of the UUJN-P to be examined, provide explanations, or submit specific documents for judicial purposes. Therefore, it is necessary to conduct research on how the regulation regarding the notary's right to refuse disclosure is applied in the context of the confidentiality of the notary's position and what the legal consequences are for a notary who fails to fulfil their obligation to maintain the confidentiality of deeds. The objectives of this research are general and specific. This research is a normative study using a regulatory approach, a conceptual approach, and a historical approach. Based on the research findings, it is known that regulations regarding the right to refuse can be found in various laws and regulations. This right of refusal is implicitly regulated in Article 4 Paragraph (2), Article 16 Paragraph (1) Letter f, and Article 54 of the Notary Law Jo Notary Law-P, Article 1909 Paragraph (3) of the Civil Code, and Article 170 Paragraph (1) of the Criminal Procedure Code. Additionally, based on the research findings, it is known that there are legal consequences for notaries who fail to fulfil their obligation to maintain the confidentiality of deeds. If a notary violates this obligation, legal consequences may arise, both administratively, civilly, and criminally.