Legal Protection for Notary Service Users in the Absence of an Appointed Holder of Notary Protocols Following the Notary's Death

Abstract

The maintenance and storage of Notary protocols are critical responsibilities that must be managed meticulously due to their importance in ensuring the continuity of Notary services. This obligation is regulated through specific legal provisions, particularly in cases where a Notary has passed away. The Regional Supervisory Council holds the authority to appoint another Notary as the Protocol Holder of the deceased Notary. However, challenges arise when the MPD is unaware of the Notary's death or fails to appoint a Protocol Holder within the legal deadline. These lapses can disadvantage service users who require access to the deceased Notary's protocols, such as copies of deeds or other related documents. This study aims to analyze the responsibilities of the MPD in managing the protocols of deceased Notaries and to evaluate the legal protection available to service users. Utilizing a doctrinal research method with qualitative analysis of secondary data, this research highlights that the MPD is obligated to ensure the timely appointment of Protocol Holder Notaries. Failure to do so impedes public access to Notary services and compromises legal protection for users. To address these issues, the study recommends enhancing MPD supervision and procedural improvements, along with the enforcement of sanctions for negligence. Furthermore, service users are encouraged to seek legal remedies through the courts or supervisory councils to uphold their rights. Strengthening MPD performance and regulatory frameworks is essential for safeguarding public trust and ensuring effective legal protection.