The goals of this research are to study and analyze the authority to make deed in the position of notary who is facing an investigation of a criminal case. The uses of this research are as information in the framework to develop science and horizon in legal science, especially criminal law, and as contribution of though in enriching the horizon for the interested parties, namely notary and others. The method of this research is normative legal research. The results of the research show that the notary who is arrested, the said notary is terminated for the sake of the law and he is not authorized to perfom his position including to make an authentic deed, as explained above based on Article 9 leter e of Notary Position Act. When Notary is under arrest, all of his rights as a Notary are null and void because the said Notary is temporarily terminated starting form the report of the Local Supervisory Assembly, Provincial Supervisory Assembly, and Central Supervisory Assembly, for futher process to the Minister, to terminate him temporarily until obtaining the final and binding verdict (in kracht). A deed made by an active Notary have legal power upon the parties whose wishes (disires) have been stipulated in the deed. A Notary is not authorized to make a deed if he is under status of suspension or his authorities have been revoked due to sanction or dismissed or has retired