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Charles Njuka Amah
Fakultas Hukum, Universitas Surabaya
Law, Crime, Criminology & Criminal Justice

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PROBLEMATIKA HUKUM ATAS PERJANJIAN KERJA SAMA ANTARA BANK DENGAN NOTARIS DI INDONESIA: PERSPEKTIF TEORI KEADILAN BERMARTABAT Charles Njuka Amah
SUPREMASI HUKUM Vol 19 No 02 (2023): Supremasi Hukum
Publisher : Fakultas Hukum Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v19i02.3366

Abstract

The legal problems of cooperation agreements between Banks and Notaries in Indonesia are actions or acts that injure human dignity. Notaries have a dominant position over their clients, so they have the potential to side with certain banks or developers. Even though notaries have a prohibition according to the Notary Code of Ethics Article 4 paragraph (4), the obligation to act impartially Article 16 paragraph (1) letter (a) UUJN. This research is a normative juridical research using statutory approach (Statute Approach) and Conceptual Approach. The results of the study found that the notary could potentially be negligent in respecting human dignity by having a cooperation agreement or becoming a bank partner or any other refined terminology, as if that could be justified, even though it is not in accordance with the values ​​or legal principles and values ​​of the Indonesian people. So that if there are actions that are inappropriate among notaries which are then not oriented towards fulfilling human dignity and have the potential for a dispute to occur which can harm other parties, then dignified justice can be a reference in making decisions, both by the Indonesian Notary Association Organization, the Honorary Council Notary and court. Keywords: Notary Public servant; Dominant; and Dignified Justice.
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