Sanctioning violations of free honorarium services by notary: Is it allowed?

Abstract

The purpose of this writing is to understand how the standardization of notary honorarium is regulated in the legislation and how sanctions are imposed by the Notary Supervisory Council on violations committed by Notaries related to the provision of free honorarium to their clients. This normative legal research method contains norm problems that occur from the blurring of norms in the Notary Position Law with the Notary Code of Ethics in matters related to notaries being obliged to provide services free of charge to parties who are unable, while there are norms from the Notary Position that do not allow obtaining honorarium below the minimum limit of association regulations. This research contains legal sources, namely; primary, secondary and tertiary legal materials. The results of the study found that the regulation on honorarium that applies to notaries is Article 36 of the UUJN related to the maximum amount of honorarium received by the Notary and Article 37 of the UUJN related to notaries being obliged to provide legal services free of charge, but on the other hand notaries can be subject to code of ethics penalties if they violate the provisions contained in Article 4 number 10 of the KEN related to the lowest limit of honorarium set by the association, Violations related to the honorarium for preparing deeds trigger Notaries to receive Code of Ethics sanctions.