The Role of Jurisprudence as Form of Legal Prescriptions: a Case Study of Notaries in Indonesia

Abstract

As a primary source of law, jurisprudence is a reference in constituting legal prescriptions for notaries in their works as public officials. Due to strengthening jurisprudence in the Indonesian legal system, jurisprudence cannot be ignored by the notary officeholders. Therefore, the main issue is whether jurisprudences have a role in constituting legal prescriptions for notaries in their works as public officials or not. This study was designed using a qualitative approach. Data analysis was conducted in a deductive-qualitative approach with a writing model carried out by "writing in contexts. The results showed that state law (laws) is the primary legal basis for doing authentic deeds by notaries. The implementation of the law must take precedence to achieve the goal of legal certainty in doing authentic deeds. As a result of strengthening the role of jurisprudence in Indonesia, notaries should also attend to the existence of jurisprudence. The purpose of enforcing jurisprudence by the notary is as an effort to (i) fill the legal avoidance, (ii) complete the applicable legal procedures, (iii) become a legal prescription for notaries, (iv) become a source of positive law, (v) keep abreast of legal developments in society, (vi) serve as test material for notaries and (vii) get a new legal construction that replaces the old legal concept. In conclusion, jurisprudence is one of the sources of law which must also be considered and paid attention to by notaries.