AUTHORITY OF NOTARY IN MAKING RECOGNITION DEED OF A CHILD BORN OUT OF WEDLOCK(DETERMINATION ANALYSIS OF NUMBER: 36/PDT.P/2018/PN BMS)

Law number 2 of 2014 concerning the Office of a Notary states that a notary has the authority to make authentic deeds. In addition, Article 281 of the Indonesian Civil Code states that the recognition of an illegitimate child can be made in the form of an authentic deed. These two rules are interconnected so that an interpretation arises that a notary has the authority to make a deed of recognition of children out of wedlock. However, this does not necessarily mean that the deed of recognition of children out of wedlock by a notary can be registered directly to Department of Population and Civil Registration. Based on the stipulation number 36/Pdt.P/2018/PN Bms, the Department of Population and Civil Registration rejected the deed of recognition of illegitimate children made by a notary and required a court order. Denial of the Department of Population and Civil Registration on this matter makes the notarys authority in terms of making a deed of recognition of children out of wedlock becomes blurred. The purpose of this study is to analyze the authority of a notary in making a deed of recognition of children out of wedlock. The research method used is normative juridical, using secondary data obtained from library research which includes primary, secondary, and tertiary legal sources. The implementation of the theory of authority affects the authority of a notary in making authentic deeds, especially the recognition of children out of wedlock. Meanwhile, the meaning of an authentic deed is a deed made by an authorized official, but the authority to make an authentic deed is not only in the notary.