Notary Efforts in the Prevention of Money Laundering

Abstract

In addition to having rights and obligations as stipulated in the Notary Office Law, notaries are also given additional obligations in the context of preventing and eradicating money laundering, namely as reporting party and must report deeds that tend to be a process of money laundering. However, there is a legal issue of conflicting norms because as we know that a Notary is obliged to maintain the confidentiality of the deeds of service users. So that the purpose of this legal scientific research article is to find out whether all deeds must be reported by a Notary in the prevention of Money Laundering Crimes and how the position of a Notary as a reporter is seen from the point of view of the principle of confidentiality in his position. The results of this legal scientific research article state that first, Deeds that must be reported by a Notary to the authorized official are the Financial Transaction Reports and Analysis Center, namely Sale and Purchase Agreements, Deeds of Sale and Purchase of Shares, Deed of Sale and Purchase of Assets, Deed of Establishment of a Limited Liability Company, Deed of Binding of Sale and Purchase, Deed of Establishment of Foundations, Deed of Establishment of Cooperatives, also Authorization of Selling and Authorization of Directors, which are in essence closely related to the crime of money laundering. Second, the principle or principle of secrecy as stipulated in Article 16 paragraph (1) letter f does not have absolute force, because there is a norm which explains that "unless the law determines otherwise". Notaries are expected to be able to identify authentic deeds that have a high risk or tendency of money laundering and for deeds that have allegations of money laundering. Notaries are expected not to hesitate to report to Indonesian Financial Transaction Reports and Analysis Center or INTRAC to prevent money laundering.