PEMBATASAN KRITERIA TIDAK MAMPU YANG WAJIB DIBERIKAN JASA HUKUM CUMA-CUMA OLEH NOTARIS BERDASARKAN PASAL 37 UNDANG UNDANG JABATAN NOTARIS

Abstract

Article 37 of the Notary Office law mandates notaries to provide services free of charge to people who are in economically disadvantaged conditions. That is, this eligible party is not required to pay a fee. However, there are currently no rules that clearly define the criteria by which the degree of incapacity is measured. Therefore, setting standards to identify groups of people entitled to free services becomes complex. This study raises the issue of how the limitation of the criteria for free legal services against the provisions of Article 37 of the Notary Public Act? and how is the implementation of the provision of legal services to incapacitated persons? using Hans Kelsen's theory of legal effectiveness and Gustav Radbruch's theory of legal certainty. The method used in this study is normative legal research is legal research literature or secondary data with sources of primary, secondary and tertiary legal materials. The approach used legislation approach, case approach, conceptual approach and analytical approach. And legal material collection techniques are carried out by identifying and inventorying positive legal rules, book literature, journals and other legal material sources, for legal material analysis techniques (interpretation) grammatical interpretation, systematic interpretation and legal construction methods. Based on the results of existing research, it was revealed that there are no official provisions that limit notaries in providing services to the underprivileged. This decision depends entirely on the personal ethics of notaries who are influenced by conscience, given their position as officials. In practice, notaries as usual serve all clients, including those in need of legal assistance in the field of notarization, with the notary's personal consideration of whether the free service is appropriate for the case at hand.