Jurnal Ius Constituendum
Vol. 11 No. 3 (2026): OCTOBER

Justice-Oriented Law Enforcement Against Notarial Embezzlement of Entrusted Investment Funds

Furi Handayani (Bandung Islamic University)
Dini Dewi Heniarti Of Law UNISBA (Bandung Islamic University)



Article Info

Publish Date
04 Jun 2026

Abstract

This study aims to analyze law enforcement against Notaries who commit embezzlement of entrusted investment funds and to formulate a justice-oriented enforcement model. The problem arises from recurring cases of abuse of trust by Notaries that not only cause financial losses to investors but also reveal a gap between normative legal provisions and their fragmented implementation in practice. Previous studies tend to address notarial liability in a partial manner by separating criminal, civil, and administrative aspects, thereby failing to offer an integrated framework of enforcement. This research employs a normative legal method using statutory, conceptual, and case approaches, with secondary legal materials analyzed qualitatively through deductive reasoning. The findings demonstrate that embezzlement of entrusted funds by a Notary constitutes aggravated embezzlement when linked to professional authority, reflecting an abuse of public trust that extends beyond ordinary contractual violations. More importantly, the study finds that the core weakness of current law enforcement lies in the lack of integration among criminal sanctions, civil restitution, and administrative supervision, resulting in inadequate protection for investors. The novelty of this research lies in developing a justice-oriented law enforcement model that integrates punitive, restorative, and regulatory mechanisms into a coherent system, ensuring not only punishment but also restitution and preventive supervision. This model provides a more balanced approach to achieving legal certainty, investor protection, and professional accountability in notarial practice.

Copyrights © 2026






Journal Info

Abbrev

jic

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal Ius Constituendum a scientific journal that includes research, court decisions and assessment/comprehensive legal discourse both by researchers and society in general to emphasize the results in an effort to formulate new rules of the new in the field of the legal studies in accordance with ...