Notary's Liability for Unauthorized Collection of Fees for Waqf Land Certificates

Abstract

As public officials, notaries have the authority to create authentic deeds and provide legal certainty in various legal acts, including those related to waqf land. In exercising their authority, notaries are required to uphold the provisions of laws and regulations and the Notary Code of Ethics to ensure professional, transparent, and high-integrity legal services. However, in practice, irregularities in the form of unauthorized fees in processing waqf land certificates are still found, which have the potential to harm the parties and undermine public trust in the notary profession. This situation provides an important basis for examining the ethical and legal accountability of notaries for such actions. This study aims to analyzeethical and legal accountability of notariesagainst the act of collecting unauthorized fees in the manufacture ofwaqf land certificate, as revealed inAudit Finding Number: 001/LHP/RSIB-KAPLAM/II/2023 between RSI Banjarnegara and Notary DNThis case is interesting to study because notaries, as public officials appointed by the state, have a moral and legal responsibility to act honestly, independently, and impartially in carrying out their duties. The research method used isnormative juridical legal researchwith the approachstatute approachAndconceptual approachThe data sources consist of primary legal materials in the form of laws and regulations related to notary positions and endowments, secondary legal materials in the form of literature and scientific journals, and tertiary legal materials as supporting materials. Data analysis was conducted systematically.qualitative descriptiveby interpreting applicable legal norms and theories of responsibility, professional ethics, authority and justice. The results of the study show that the act of collecting unauthorized fees by notaries in making waqf land certificates is a form ofviolation of the Notary Code of EthicsAndabuse of office authority.From an ethical aspect, this action is contrary to the principles of integrity, honesty and professional responsibility as regulated inCode of Ethics of the Indonesian Notaries Association (INI).From a legal aspect, a notary can be askedadministrative accountability(sanctions from the Notary Honorary Council),civil(Article 1365 of the Civil Code), as well ascriminal(Article 372 and Article 378 of the Criminal Code) if proven to have committed an unlawful act that is detrimental to another party. The conclusion of this study confirms thatNotaries are required to maintain the integrity of their professionby complying with all legal provisions and professional ethics. Unlawful fee collection not only undermines public trust in the notary profession but can also result in serious legal consequences for those who do so. Therefore, oversight of the performance of notary duties must be strengthened through audit mechanisms, guidance, and enforcement of professional discipline.