Implementation of Notary Code in Profession & Notary Positions as Public Officers

Sigit Budiarto Catur Putro, Lathifah Hanim

Abstract


The Notary Code of Ethics is the entire moral code determined by the Indonesian Notary Association which applies to all members of the association as well as other people who hold and carry out the position of a Notary, both in the exercise of office and in daily life. This Notary Code of Ethics contains various matters related to the duties and authorities of a Notary in carrying out his profession and position as a public official. The material elements contained in this Notary Code of Ethics include obligations, exclusions and sanctions that will be imposed on Notaries who violate this Code of Ethics. The Supervisory Council and the Honorary Council are the equipment of associations that are authorized to supervise and examine violations of the Code of Ethics and impose sanctions in accordance with the provisions and regulations that have been set. The formulation of the problem in this thesis is how to implement the Notary Code of Ethics in carrying out the profession and position of a Notary as a public official and how to carry out the supervision of a Notary in carrying out his profession and position as a public official and how to implement the sanctions imposed by the Honorary Council and the Notary Supervisory Council against Notaries who violate the Code. Ethics in Magelang City. The research method used in this thesis research uses an empirical juridical approach. The juridical approach is used to analyze various laws and regulations related to the implementation of the Notary's code of ethics in carrying out the profession and position of a Notary as a public official, while the empirical approach is used to analyze the law which is seen as patterned community behavior in people's lives who always interact and relate in various aspects. The conclusion of the study is that the implementation of the Notary Code of Ethics in carrying out the profession and position of a Notary as a public official in the city of Magelang is currently running well, as evidenced by the absence of cases of violations of the Notary Code of Ethics that occurred in the city of Magelang. Procedures and implementation of sanctions against Notaries who are suspected of violating the Notary Code of Ethics are still carried out with reference to the laws and regulations and other regulations that have been stipulated.


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References


Journals:

Chuasanga A., Ong Argo Victoria. (2019). Legal Principles Under Criminal Law in Indonesia and Thailand, Jurnal Daulat Hukum, Vol 2, No 1 (2019) http://jurnal.unissula.ac.id/index.php/RH/article/view/4218

Deen, Thaufiq., Ong Argo Victoria & Sumain. (2018). Public Notary Services In Malaysia. JURNAL AKTA: Vol. 5, No. 4, 1017-1026. Retrieved from http://jurnal.unissula.ac.id/index.php/akta/article/view/4135

Ong Argo Victoria, Ade Riusma Ariyana, Devina Arifani. (2020). Code of Ethics and Position of Notary in Indonesia. Sultan Agung Notary Law Review 2 (4), 397-407, http://lppm-unissula.com/jurnal.unissula.ac.id/index.php/SANLaR/article/view/13536

Yaya Kareng, Ong Argo Victoria, R. Juli Moertiyono. (2019). How Notary's Service in Thailand. Sultan Agung Notary Law Review, 1 (1), 46-56, http://jurnal.unissula.ac.id/index.php/SANLaR/article/view/4435

Regulation:

Civil Code (Burgelijk wetboek)

Indonesian Notary Association, 2015, Amendment to the Code of Ethics for the Extraordinary Congress of the Indonesian Notary Association, May 29-30 2015

Permenkumham Number 16 of 2021 concerning Organizational Structure and Work Procedures, Procedures for Appointment and Dismissal, and Budget of the Notary Supervisory Council

Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning the Position of Notary


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