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All Journal International Journal of Islamic Education, Research and Multiculturalism (IJIERM)
Wisnuwardhani, Dyah Aju
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Construction of Legal Responsibility Regulations for Notaries and Notary Employees If Notary Employees Commit Unlawful Acts Rizgi, Ahmad; Istislam; Wisnuwardhani, Dyah Aju
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 3 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i3.365

Abstract

When examined from an empirical/sociological approach, several issues arise within the notarial profession. Notaries generally have good (close) relationships with their employees. However, it is not uncommon for notary employees to commit fraud behind the notary's desk, either directly or indirectly. On the part of the notary, it is also possible that the notary covers up various mistakes made by their employees in order to maintain credibility and other such reasons. Such unlawful acts will be dealt with both under the law and the Notary Code of Ethics. It is known that notary employees have a legal relationship with the notary based on the work performed by the notary. There is a need for legal construction from upstream to downstream concerning the legal status/relationship and legal responsibilities of both notaries and notary employees. This is aimed at ensuring that each party has a legal reference as to the extent to which legal actions can be considered violations or not. The legal vacuum in regulating the relationship between notaries and their employees when committing unlawful acts increases the possibility of legal violations.
Legal Protection for Notaries in Implementing the Principle of Recognizing Service Users in the Prevention of Money Laundering and Terrorism Financing Crime Riska Salmaningrum; Madjid , Abdul; Wisnuwardhani, Dyah Aju
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 2 (2025)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v7i2.488

Abstract

This research discusses the normative conflict between the obligation of notaries to maintain the confidentiality of client information as stipulated in the Notary Position Law (UUJN) with the obligation to report suspicious transactions to PPATK as stipulated in Permenkumham No. 9 of 2017 concerning the Implementation of the Principle of Recognizing Service Users (PMPJ). This study aims to identify the appropriate form of legal protection for notaries in carrying out these obligations, and analyze whether there is a conflict of norms between Permenkumham No. 9 of 2017 and UUJN. Using a normative juridical approach with statutory, conceptual, and case approach methods, this research finds that notaries are in a legally dilemmatic position. On the one hand, the Permenkumham requires the reporting of suspicious financial transactions as a form of participation in the prevention of money laundering and terrorism financing. On the other hand, UUJN explicitly requires notaries to maintain the confidentiality of deeds and client information, even threatening criminal and administrative sanctions if the obligation is violated. Provisions in Permenkumham that do not have an explicit basis in the law cause legal uncertainty. Therefore, harmonization between the PPTPPU Law, Permenkumham No. 9/2017, and UUJN is needed so that the reporting obligation by notaries does not violate the principle of official secrecy. This research also recommends strengthening preventive and repressive legal protection, as well as training and technical guidance for notaries so that they can carry out reporting obligations professionally without compromising their professional integrity.
Co-Authors Istislam Madjid , Abdul Riska Salmaningrum Rizgi, Ahmad