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All Journal SIGn Jurnal Hukum Ministrate: Jurnal Birokrasi dan Pemerintahan Daerah
Margareth Tutut Maharani Prakoso
Universitas Diponegoro
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementing Legal Consequences of Forgery of Authentic Deeds Performed by the Notary Profession Margareth Tutut Maharani Prakoso; Sukirno Sukirno
Ministrate: Jurnal Birokrasi dan Pemerintahan Daerah Vol 5, No 1 (2023): Birokrasi dan Pemerintahah di Daerah 10
Publisher : Jurusan Administrasi Publik FISIP UIN SGD Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/jbpd.v5i1.23753

Abstract

Notary is a public official who has the authority to make an authentic deed. In making an authentic deed, it must be based on the applicable laws and regulations so that legal certainty is created. An authentic deed drawn up before a Notary Public must not only comply with statutory regulations, but is desired by interested parties to ensure the rights and obligations of the parties for the sake of certainty, order and legal protection for interested parties. Notary is a position of trust. The position of trust given by law and society requires a Notary to be responsible for carrying out the trust as well as possible and upholding legal ethics and the dignity and position of his position. In the Notary profession, there is also a code of ethics when a Notary carries out his position must be guided by laws and regulations as well as a notary's code of ethics. Regulations related to the position of a notary are regulated in Law Number 30 of 2004 in conjunction with Law Number 2 of 2014 concerning the Position of Notary or commonly referred to as the Law on Notary Position (UUJN). The Notary Office Law regulates things that must be done and prohibited for a person who works as a Notary.
Etika dan Profesi Notaris: Akibat Sanksi atas Pelanggaran Kode Etik Margareth Tutut Maharani Prakoso; Sukirno Sukirno
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.266

Abstract

This study aims to examine the legal position of the Code of Ethics for the Notary Public in legislation, and also seeks to analyze the consequences of sanctions for violating the code of ethics in the Notary profession. This study uses normative legal research with the statute and conceptual approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the INI acts as the sole organization for Notaries in Indonesia, asserting its authority in establishing and enforcing the code of ethics. The code of ethics is established and enforced in various sanctions imposed, including admonishments, warnings, temporary suspensions, honorable dismissals, and dishonorable dismissals. However, such membership dismissals do not affect the status of a Notary as a Public Official. Nevertheless, severe violations of the code of ethics can prompt the Honorary Council to recommend the dismissal of a Notary to the Minister of Law and Human Rights. Therefore, several recommendations can be proposed to the relevant parties. First, the INI should continue to enhance its members’ understanding of the code of ethics through various educational activities and training. Second, the Honorary Council is expected to be more proactive in supervising and auditing Notary practices to detect and quickly address violations of the code of ethics. Lastly, the Minister of Law and Human Rights should carefully consider the dismissal recommendations from the Honorary Council and ensure that each decision is based on robust and fair evidence. Concurrently, closer cooperation between the Minister of Law and Human Rights and the INI is necessary to enforce the code of ethics and relevant legislation. Thus, the involvement and roles of all stakeholders are crucial in maintaining public trust in the Notary profession in Indonesia.
Co-Authors Aminuyati Sukirno Sukirno