R. Imam Rahmat Sjafi'i
Unknown Affiliation

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Implementation of The Obligation To Provide Free Notarial Services For Underprivate People In Malang Arsy Azuhra; Istislam; R. Imam Rahmat Sjafi'i
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March In Progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i4.329

Abstract

The implementation of the obligation to provide free notarial services in Malang City has not been effective as mandated in Article 37 paragraph (1) of Law Number 2 of 2014 concerning the Notary Position (UUJN). The provisions that emphasize the obligation of notaries to provide free legal services to the underprivileged have not been fully implemented due to the absence of implementing regulations governing the mechanism, recipient criteria, and supervision procedures. The results of the study indicate that most notaries only provide pro bono services to clients whose economic conditions are known, so that implementation is subjective, sporadic, and non-standardized. The main obstacles in its implementation are divided into three aspects, namely structural, normative, and sociological. From the structural side, the lack of public knowledge and the absence of technical guidelines are the main obstacles. From the normative aspect, there is no clear definition regarding the criteria for "underprivileged people" and the types of deeds included in the obligation for free services. Meanwhile, from the sociological aspect, the low level of social awareness and professionalism of notaries also worsens the effectiveness of implementation. This disharmony between legal ideals and empirical reality hinders the realization of the principles of certainty, benefit, and justice in notarial services. Therefore, comprehensive implementing regulations are needed from the Ministry of Law and Human Rights and the Indonesian Notaries Association to ensure the effective, accountable, and equitable implementation of pro bono notarial obligations across the region.
Rehabilitation of Notary Offices After Cancellation of Dishonorable Dismissal In Protection of Notary Rights Nisrina Putri Rizkya Nugroho; Arif Zainudin; R. Imam Rahmat Sjafi'i
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.361

Abstract

Indonesia, as a country governed by the rule of law, places law as the foundation for governance and the protection of citizens' rights. In ensuring legal certainty for various legal acts, notaries play a crucial role as public officials authorized to issue authentic deeds. However, in practice, notaries can be subject to administrative sanctions, including dishonorable dismissal, if they violate their obligations and prohibitions as stipulated in laws and regulations. Problems arise when the decision to dishonorably dismiss is subsequently overturned by the court, while the prevailing regulations do not clearly regulate the mechanism for rehabilitation of notaries. This situation creates a legal vacuum that has the potential to lead to legal uncertainty and the failure to protect the rights of injured notaries. This study aims to analyze the legal provisions regarding dishonorable dismissal of notaries and formulate appropriate regulations regarding rehabilitation of notaries upon the cancellation of such dismissal decisions. The research method used is normative legal research with a statutory, conceptual, and case-based approach. The legal materials used include laws and regulations, legal doctrine, and court decisions, particularly Supreme Court Decision Number 294 K/TUN/2021. The research results show that although the Indonesian legal system has provided legal protection mechanisms through administrative remedies and lawsuits to the State Administrative Court, there are no regulations that explicitly regulate the rehabilitation of a Notary's position after the revocation of a dishonorable dismissal decision. Therefore, regulations are needed that explicitly regulate the rehabilitation mechanism for a Notary's position, including restoration of a Notary's good name, reinstatement as a Notary, restoration of the right to practice, and the return of other administrative rights to ensure legal certainty and the protection of Notary's rights.