Realization of Notary Responsibilities in Providing Free Legal Services to the Underprivileged in Kendari City

Abstract

This study aims to analyze the realization of Notaries' obligations to provide free legal services to the underprivileged in Kendari City. The study uses a qualitative method with a sociological juridical approach. Primary data were obtained through interviews with Notaries in Kendari City, while secondary data were obtained through library research in the form of laws and regulations, legal literature, and related documents. Data analysis was conducted using a qualitative descriptive method to describe the empirical phenomenon and its relationship to applicable legal norms. The results of the study indicate that Notaries' obligations to provide free legal services have basically been implemented, but are still partial and not standardized. Free services are still carried out according to procedures, starting from verification, document examination, to fulfilling the formal and material validity of deeds as with paid services. However, the implementation is not optimal due to the absence of clear technical regulations, low public understanding of the right to receive free services, and minimal socialization from professional organizations and the government. Furthermore, several major obstacles exist, including regulatory, sociological, and administrative constraints in the preparation of Deeds of Sale and Purchase (AJB), differing perceptions among notaries regarding unfair competition, and professional constraints due to the remaining legal responsibility even though the deed is prepared free of charge. These conditions have resulted in underprivileged communities' access to notarial services in Kendari City being inadequately met.