Notary Violation in Sidoarjo, Indonesia

Abstract

This study explores the different forms of violation of the notary profession in Sidoarjo Regency, Indonesia. The method used is sociological jurisprudence where the approach is to identify and consider law as a social fact and a functional social institution. Data were collected through direct interview with the chairperson of the Notary Regional Supervisory Council of Sidoarjo Regency, as well as by classifying the violation types into different categories. Additionally, secondary data were collected through a review of law and legal journals related to the topic. Several factors were found to cause the violation of the notary profession, however, the notary’s noncompliance with the code of ethics and law while carrying out their duties was the commonest one. The authors conclude that several forms of notary violations – both the violation of the code of ethics and that of the law – exist in Sidoarjo Regency and must be rectified, such as installing a nameplate that does not comply with existing regulations and fraud and/or embezzlement of tax deposits.
 Keywords: notary, code of ethics, violation