Notary Ethics Code Research Articles

ENFORCEMENT OF NOTARY CODE OF ETHICS AGAINST PROMOTION VIOLATIONS THROUGH INTERNET MEDIA IN INDONESIA

This study discusses the enforcement of the notary code of ethics against promotional violations through internet media in Indonesia. As a public official, Notary have a great responsibility in maintaining integrity and professionalism in carrying out their duties. However, in the current digital era, promotion through internet media is a complex issue due to the prohibition in the notary Code of ethics related to self-promotion. This study uses juridical-normative approach and descriptive-analytical approach to analyze the legal regulations and notary practices related to promotion in the internet media. The results showed that violation of this promotion ban may result in disciplinary sanctions from the notary Supervisory Board. However, the effectiveness of enforcing the code of conduct is still a matter of debate, with challenges in consistency and transparency in enforcing the rules. The importance of enforcing this code of ethics is not only as law enforcement, but also as a preventive effort to maintain the integrity of the notary profession and public trust. Thus, this study provides a more comprehensive understanding of the enforcement of the notary code of ethics against promotional violations through internet media in Indonesia.

Konsekuensi Penetapan Tarif Minimal Pelayanan Jasa Notaris sebagai Upaya Melindungi Hak Notaris Guna Kepastian dan Keadilan

Notaries have an important task in providing legal services to the public, particularly regarding the making of authentic deeds. The determination of minimum service rates for notaries by the Indonesian Notary Association (INI) is regulated in the Notary Code of Ethics with the aim of preventing unfair competition and protecting the rights of notaries. This research aims to analyze the form of the agreement on the determination of minimum service rates for notaries, evaluate the role of INI in determining these rates, and examine the legal consequences of violations of the minimum rate determination. This is a qualitative research with a single case study approach in Hulu Sungai Selatan Regency, South Kalimantan. Data was collected through in-depth interviews with notaries, clients, and other related parties, observations at notary offices, and studies of relevant documents. The determination of minimum rates by INI is carried out through a mechanism of study and evaluation by the INI Regional Administrators which is submitted to the INI Central Administrators to be determined nationally. This determination is a form of agreement that binds all INI members. Violations can be subject to sanctions from the INI organization as well as administrative sanctions from the Notary Supervisory Board. Obstacles in implementing the minimum rates include differences in operational costs between regions, resistance from notaries, weak monitoring and law enforcement, and a lack of flexibility in facing changing economic conditions. Efforts that can be made include determining varying rates, socialization and education, forming a supervisory body, a mechanism for rate adjustments, and maintaining a balance with consumer protection.

Responsibilities of the Notary for the Deed of Will that He Makes Violates the Absolute Rights of the Heirs (Legitieme Portie)

The testamentary grant is a grant regarding goods whose ownership rights only pass to the grantee after the grantor dies. So that if you pay attention to the provisions in Article 875 BW, then the testamentary grant must be made by or before a Notary. then the problem that arises is how the legal consequences of the grant deed that violates the absolute rights of the heirs (Legitieme Portie) and how the Notary's responsibility for the testamentary grant deed that violates the absolute rights of the heirs (Legitieme Portie). Research Method The research method used in this writing is normative juridical by examining library materials or secondary data. The results of this research show that in written law, referring to the explanation and provisions in 1320, the deed of testamentary grant that violates the legitieme portie is considered null and void by itself and is considered to have no binding force from the beginning. Then the liability of Notary includes civil, criminal, administrative responsibilities based on the Notary Office Law, and the Notary Code of Ethics.

Normative Legal Analysis of Notary Code of Ethics: Improving Legal Professional Ethical Standards

Normative Legal Analysis of Notary Code of Ethics: Improving Legal Professional Ethical Standards

Limitations of the Use of Social Media in Notary Positions Reviewed from the Notary Code of Ethics

The use of social media as a platform for notaries to publicize their work is increasingly rampant in today's digital era. However, there are several limitations that need to be considered, and many notaries are deemed to have violated the code of ethics and applicable legal regulations. This research aims to identify the limitations in the use of social media for notaries and the legal consequences if notaries promote themselves on social media. The research method used is doctrinal research with a normative juridical approach, involving an analysis of laws and regulations, the notary code of ethics, and related case studies. The results of the study indicate that the activities of using social media for notaries have restrictions, such as the prohibition on publishing or promoting themselves by listing their positions. Violations of these limitations can result in moral sanctions or legal sanctions. These findings have important implications for notary practices and regulatory enforcement in the digital era.

Analysis of the Principle of Notary Independence in Notarial Deed Making in Review of the Notary Position Law and the Notary Professional Code of Ethics

The position of notary is an office of trust and is a noble profession (officum nobile), in carrying out the duties of his office the notary is regulated by Law No. 30 of 2004 concerning the office of notary which has been amended by Law No. 2 of 2014 concerning the Office of Notary and also regulated in the Code of Ethics for the Notary Profession. in carrying out the duties of a notary has obligations and authorities, one of which is the obligation to be independent. In this study aims to analyze how the ideal regulation so that the principle of notary independence in making deeds can be carried out properly. this research is a notmative legal research where the author approaches the problem by studying the provisions of the applicable law and studying the views and doctrines in legal science relating to the obligation of notaries to act independently in carrying out their job duties. The Notary Position Law has actually provided a legal framework to support the independence of notaries in carrying out their duties. However, the application of this principle of independence in daily practice may depend on how the notary complies with the law and professional ethics and there is still a legal gap where there is no specific regulation relating to the independence or impartiality of notaries. The definition of notary independence in the Notary Law and the notary code of ethics is very limited, with no classification regarding the form of the law, as with the independence of judges who have a clearer classification, it would be better if the code of ethics of the notary profession explains in more detail regarding the independence of notaries in terms of structural, functional, financial, and independence in carrying out the duties of the office of notary.

TANGGUNG JAWAB NOTARIS DALAM PEMBUATAN AKTA DILUAR WILAYAH KERJANYA TERAIT AKIBAT HUKUM ATAS PELANGGARAN UNDANG-UNDANG JABATAN NOTARIS DAN KODE ETIK NOTARIS.

Responsibilities of notaries in making deeds outside their work area investigate the obligations and roles of Notaries when making deeds outside their work area. Related legal consequences for violation of the Notary Office Act and the notary Code of Ethics investigate the legal consequences that a notary may face if he violates the Notary Office Law and the notary Code of ethics. This study uses two theories of law, namely The Theory of legal consequences and liability theory. The method used in this research is normative juridical research, specifically a library law research or secondary data with primary, secondary and tertiary legal sources. As for the research approach used in this case the legislation relating to land acquisition and the method of collecting the legal materials are carried out by identifying and taking an inventory of positive law, journals and other legal sources. The method used in analyzing the legal materials (interpretation) is to get views on the public interest is ultimately owned by either private ownership or management. to get legal certainty and legal construction method. The result of this study is the deed outside the territory of the Notary is valid as evidence, can be canceled if it is defective and disputed, only by the party in the deed. The act of abrogation occurs as an act under hand. The notary is responsible civil and administrative, can sanction fees, damages, interest, warning, dismissal, or dismissal. Violation of Article 17 paragraph (1) letter a uujn-P triggers civil and administrative liability, lawsuit to the General Court. If the deed is void, the Notary is charged fees, damages, and interest. Administrative sanctions are established by the Supervisory Board of Notaries. Although not a criminal offense, notaries are bound by civil, administrative, and professional code of ethics liability. The Code provides for obligations, prohibitions, exceptions and internal sanctions

Legal Analysis of Cracking Down on Violations of Notary Code of Ethics According to Law No. 2 of 2014 concerning Amendments to the Notary Position Law

Notary is closely related to agrarian or land law. The notary also has the authority regarding the making of land deeds. Notary as a profession, of course, also has a code of ethics in the profession. The Notary Code of Ethics is a moral principle determined by the association of Indonesian Notary Associations based on the congress decision of the association / or determined and regulated in the laws and regulations governing this matter which apply to, and must be obeyed by each and all members of the association and all persons who carry out the duties and positions of a Notary. Regarding the code of ethics of the notary profession, it is contained in the Law on Notary Positions. This research will discuss the application of the Law on Notary Office (UUJN) in the prosecution of violations of the Notary's code of ethics. An example of the application of UUJN is in the case in Kudus where a Notary who issued a Sale and Purchase Deed was fraudulent in a house transaction. The types of sanctions that will be applied to the above cases are contained in Article 85 UUJN which can be categorized into types of administrative sanctions, namely temporary dismissal; honorable discharge and dishonorable discharge from office.

The Existence of Notary Cooperation with Online Service Bureaus in the Making of Deeds of Establishment of Limited Liability Companies

<p>Notaries are authorized to mold all actions, agreements, and determinations desired by the parties who come to them to confirm them and pour into an authentic deed, aiming for the deed to have complete evidential power and validity. Therefore, notaries are obliged to fulfill all the provisions of their positions and other regulations and are responsible for the deeds they have prepared. In practice, especially since Covid-19 there are still notaries who cooperate with online service bureaus. The type of study is empirical juridical, which in other words is a type of sociological legal research, also known as field research, which examines the applicable legal provisions and what happens in reality in the community. From the research results obtained from decision No.36/PID.SUS/TPK/2014/PN.JKT.PST in conjunction with Cassation Court Decision No. 980 K/Pid.Sus/2015, that a notary does not check documents (the ID Card) in the creation of a company, and they aren’t to meet directly before the Notary, but with a service bureau. In this case, it is related to the validity of the company establishment deed that has been made by a notary in collaboration with an online service bureau, where the appearer does not appear before the notary because the one who appears before the notary is the service bureau. One of the main advantages of notary cooperation with online service bureaus is of course that it is not bound by working time. That the cooperation between the notaries does not have a written work bond but only in the form of verbal, however, such actions still violate the UUJN and the Notary Code of Ethics, and there have been lacunae in the law to regulate cooperation between notary and online service bureau. In the case that the author raises, notary cooperation with service bureaus is prone to criminal acts (corruption or fraud), therefore the company's deed of establishment becomes null and void. Second, the responsibility of the Notary Professional Organization, towards the Notary who cooperates with the online service bureau, which violates the provisions of the UUJN and the Code of Ethics, then based on Article 4 number 4 of the Notary Code of Ethics, it is said that the act of cooperating with an online service bureau is categorized as a violation of the notary code of ethics, which is accompanied by sanctions in the form of: Reprimand; Warning; Temporary dismissal from Association membership; Honorable dismissal from Association membership; and Dishonorable dismissal from Association membership. The INI's responsibility as a notary professional organization is as a form of providing duties and authority in providing guidance, supervision and protection to notaries.</p>

Implementasi Peraturan Kode Etik Notaris dalam Menjalankan Profesi Kepada Masyarakat

Notaries are public officials and professions who have the authority to make authentic deeds for people who need their services. These services are interpreted in a broad context, which includes not only making authentic deeds, legalizing personal letters, or providing legal advice related to notarial matters, but apart from that, notaries are also obliged to apply professional ethics in providing services to clients. The problem discussed in this journal is the implementation of professional ethics by notaries and legal sanctions given to notaries who do not implement professional ethics in providing services to clients. The research method used for this journal research is normative legal research with research using primary and secondary legal materials. The results of this research indicate that notaries must pay attention to professional ethics in providing services to clients. Notary professional ethics are regulated in the Notary Code of Ethics and UUJN. This aims to ensure that the notary can maintain his honor and dignity in front of clients.

Pengaruh Kevakuman Jabatan Majelis Pengawas Wilayah Notaris terhadap Efektivitas Pembinaan dan Pengawasan Notaris di Aceh

Article 72 of Law No.30 of 2004 concerning to the Position of a Notary, as amended by Law Number 2 of 2014 concerning to Amendments to Law No.30 of 2004 concerning to the position of a Notary (hereinafter referred to as the Law on Notary Position and abbreviated as UUJN), states that the duration of position for the Notary Regional Supervisory Council (MPWN) are 3 (three) years, but the duration of notary for the Aceh MPWN, which on 27 September 2020 has alredy turned 3 (three) years, turns out that until 19 May 2021 there has been no replacement for a new MPWN. As a result, there has been a vacuum in the Aceh MPWN for 7.2 months. So it would be interesting if a scientific study was carried out on the effect of the MPWN's vacuum on the effectiveness of the guidance and supervision of Notaries in Aceh. This type of research is included in empirical legal research. The primary data was obtained through field research, by conducting interviews with respondents and several informants. The results of the study revealed that when the Aceh MPWN was vacuumed, there were 2 (two) MPDN recommendations with 2 (two) Notaries indicating violations of the UUJN and/or the Notary Code of Ethics, namely the MPDN for Banda Aceh Municipality and Aceh Besar District. However, due to the vacuum of the Aceh MPWN and its members having been retired, the Aceh MPWN is not authorized to handle and follow up on the recommendations of the two MPDN. The legal consequence is that the guidance and supervision of Notaries is not carried out effectively.

Implementation of the Law on Notary Positions Concerning the Obligations of Notaries in Providing Free Legal Services in Tangerang City

This research wants to know the implementation of article 37 of the notary position law number 2 of 2014 concerning the provision of free legal services. Inhibiting factors and supporting factors. Types of sociological empirical research and field research. Examining normative legal provisions in society. Conclusion The implementation of providing free legal services to underprivileged communities in the city of Tangerang has gone well. Because in general clients come to the Notary with the need to transfer rights and obligations that have economic value, and the client's desire is only to reduce costs from those set by UUJN. The supporting factors are in UU-JN and the Notary Code of Ethics. In article 37 of UU-JN, it is mandatory and binding for Notaries to provide notarial legal services, namely providing them free of charge to underprivileged people. The inhibiting factor is the notary's need to earn a living and meet the operational needs of the office. In reality, there are no legal consequences for Notaries if they cannot provide free legal services. Requirements for determining the implementation of free services to underprivileged communities by Notaries in their work areas are not regulated in UUJN or the Notary Code of Ethics

Legal Consequence Towards An Authentic Act That Was Not Ready By Notary And Not Signed Jointly By The Parties Based On Law Of Notary

It is not uncommon for procedures to deviate from the stipulated statutory provisions in the process of creating an authentic deed, particularly concerning bank credit transactions. This pertains to the procedure of reading and signing legitimate deeds prepared by a Notary, notwithstanding the Notary's responsibility to recite the deed in front of an audience, with at least two witnesses, and to have it signed simultaneously by the parties involved, the witness, and the Notary. The goal of this study is to evaluate the legal repercussions and obligations of a notary when a deed is not read by the notary and is not signed jointly by the parties. The descriptive-analytic method with a normative juridical perspective was used in this research. The research results show that legal sanctions for a deed that is not read by a Notary and not jointly signed by the parties will have consequences for the deed, namely reducing the evidentiary value of the original deed to a deed made privately. So, the accountability sanctions can be imposed on notaries, such as reprimands, dismissals, temporary termination from membership, even sanctions for dismissal (onzetting), and also dishonorable dismissal from associations, this is of course based on the Notary Office Regulations and their responsibilities that have been stated in the Notary Code of Ethics.

Timbulnya Persaingan Tidak Sehat Antar Notaris Sebagai Dampak Dari Pelanggaran Kode Etik Notaris

In carrying out their positions, notaries are obligated to work professionally and to refer to the Notary Code of Ethics which is regulated in Law Number 2 of 2014 on the Position of Notaries (UUJN). The existence of a notary has the aim of providing legal services to the community, especially in terms of making deeds. As legal needs increase, the need for notary services increases. Unhealthy competition that occurs between fellow notaries can of course occur in various forms and ways. The aim of this research is to identify how the notary code of ethics is enforced and the factors that cause violations of the notary's Code of Ethics which give rise to unhealthy competition between fellow notaries. This research is normative in nature where a statutory regulation approach is taken, collecting data using literature and document studies, the data analysis method used is qualitative. The results of the research include, first, efforts that can be made to enforce the code of ethics, the Central Honorary Council together with the Central Management of the Indonesian Notary Association by making regulations embodied in PDKP INI. Second, the increasing public need for legal activities that require authentic deeds, and the increasing number of people who work as Notaries, are reasons for Notaries to take actions that result in unhealthy competition among some Notaries.

NORMATIVE JURIDICAL ANALYSIS OF FORGERY OF AUTHENTIC DEEDS CARRIED OUT BY NOTARIES

The Notary Office Law does not explain the sanctions for Notaries clearly and in detail, only explaining on the Administrative and Civil Side, while Notaries cannot be said that Notaries are free from Criminal Sanctions, while the Notary's Office does not explain the Notary Criminal Sanctions section. Notaries can make mistakes such as committing intentional or unintentional forgery of deeds and these actions violate the Undang-undang Jabatan Notaris (UUJN) and the Notary Code of Ethics. From this case, administrative sanctions or code of professional ethics for the position of notary are imposed and civil sanctions can then become and be qualified as a criminal act committed by a Notary. The method is a descriptive analysis and use data analyzed qualitatively. This result is an explanation of how the application of criminal sanctions to Notaries who commit criminal acts of forgery of authentic deeds and the legal consequences of forgery of authentic deeds carried out by Notaries. As a result of the notary law, which is subject to criminal sanctions in the criminal act of forgery of authentic deeds along with deeds that are used as objects of the case in court for criminal cases, the notary defendant is sentenced to imprisonment and all deeds issued by the defendant's Notary are null and void.

THE IMPACT OF SUPREME COURT DECISION FOR EFFORTS OF NOTARY OFFICE QUALITY AND COMPETENCY IMPROVEMENT HELD

This study discusses the Notary Appointment Examinations and Notary Office Quality Improvement Training organized by the Ministry of Law and Human Rights in collaboration with Notary Organizations. These efforts were later cancelled due to a Supreme Court Decision. These efforts were made to increase the quality and competence of Notaries. The study's concerns include efforts to raise the standard and proficiency of the Notary Office held by the Ministry of Law and Human Rights and the Notary Organization, as well as the impact of the Supreme Court's ruling on aspiring notaries, the Ministry of Law and Human Rights, and notary organizations. With the help of a document study on secondary data obtained through a literature search, this research is normative and uses the data collection method. Utilizing qualitative is the analytical approach. According to the findings of this study, the Ministry of Law and Human Rights intends to modify the Notary Office Law's appointment requirements to increase the calibre and expertise of notaries, as the Supreme Court has only previously permitted the Notary Ethics Code Examination as a filter. The study concludes that additional systematics are required in addition to Notary Education and the Notary Ethics Code Examination in order to be able to raise the standard and proficiency of the notary position.

Legal Protection for Appearers when the Notary's Existence is Unknown (Lost Contact)

This research examines the legal protection of clients when the notary's wherea-bouts are unknown (lost contact).describe and analyze the certainty of legal protection for appearers who are harmed by a notary whose whereabouts are unknown (lost contact) and to analyze and formulate forms of legal protection that can guarantee legal certainty for ap-pearers who are harmed by a notary whose whereabouts are unknown (lost contact).This research is a normative juridical research through literature studyusing statutory approach (statute approach) and conceptual approach (conceptual approach). The main issues were analyzed using primary legal materials includingProvisions of Article 463 in conjunction with Article 467 of the Civil Code, provisions of Article 15, Article 16, Article 17, Article 62, Article 63 Article 67, Article 69 and Article 70 of Law Number 30 of 2004 concerning the Position of Notary Public juncto Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary, Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 15 of 2020 concerning Procedures for Examining the Supervisory Board of Notaries and Notary Code of Ethics. Legal materials were analyzed based on prescriptive analysis and grammatical and systematic interpretation techniques. Based on the research results it is known thatLegal protection for appearers who are harmed by a notary whose whereabouts are unknown (lost contact) based on the analysis of UUJN Amendment) is weak, because basically (“UUJN”) juncto (“UUJN”) Amendment has accommodated arrangements regarding the presence of a notary in the exercise of his office. No matter of how, there are incomplete norms in regulating the absence of a notary in Law Number 2 of 2014 concerning Notary office (“UUJN”) juncto (“UUJN”) Amend-ment because it cannot accommodate the existence of a notary whose whereabouts are un-known (lost contact), including not being able to guarantee legal protection to appearers who are disadvantaged because the event of absence of a notary is not contained in the provisions in UUJN juncto UUJN Amendment which is used as a guideline results in legal uncertainty which causes legal protection for aggrieved appearers to be also not guaranteed

The Urgency of The Indonesian Notary Association (INI) In Development And Supervision Of Notary

Notary is a job or position that in carrying out its authority requires ethics. The code of ethics is used as a guideline for member behavior along with clear and strict sanctions for violators of the code of ethics. The notary code of ethics aims to make the notary profession run professionally with motivation and orientation to intellectual skills and to argue rationally and critically and uphold moral values. Enforcement and supervision of the implementation of the notary professional code of ethics is carried out through the Notary Honorary Council. Notaries feel the need to be supervised so that the possibility of irregularities in carrying out their positions that are not in accordance with the corridors of law and professional code of ethics as well as abuse of authority or trust given to Notaries can be avoided. The revival of the existence of the Indonesian Notary Association is one of the efforts to reduce the existence of violations committed by Notaries in carrying out their positions, related to the causes of the non-maximum occurrence of an Indonesian Notary Association (INI), namely where notaries do not carry out their profession professionally. With problems like this, the role of the Indonesian Notary Association is needed. The urgency of the notary association in fostering and supervising as an effort to reduce the occurrence of violations committed by notaries.
 KEYWORDS: Urgency, Notary Association, Guidance and Supervision

Notary’s Authority in Establishing Deeds for Minors and Their Rights as Shareholders of Limited Company

<em>Notaries are empowered to demonstrate different types of business practices. One of the acts involves a shareholder taking legal action at the company</em>. <em>The laws and regulations in Indonesia do not regulate the age limit of shareholders. However, the result of the incompetent duty in this case is a child under the age of twenty- one and can apply for dismissal. This raises the issue of Notary’s authority to explain the claims of children who are unable to implement their rights as partners of a limited liability company. The normative legal method was used in this research. A child may be a legitimate shareholder, which is related to a person's legal conduct, that related to a person's legal actions and actions are seen from his skills and authority that was regulated in Indonesian Civil Code, the Law of Notary Position, and Indonesian Marriage Law. The attorney's authority over a minor child as a shareholder must be represented by his parents. Notary must focus on the skills and authority of the individual when exercising his position of drafting deeds or legal act on behalf of the company. Therefore, Notary must act diligently and thoroughly in drafting deeds and perform its position in accordance with the Law of Notary Position and the Notary Code of Ethics. Thus, Notary has the authority to establish deeds in a legal action for a twenty-one years old person as a company shareholder.</em>

LEGAL PROTECTION FOR A NOTARY SUSPECTED OF VIOLATING THE CODE OF ETHICS

This study aims to analyze the existence of legal protection against notaries who are suspected of violating the code of ethics and to prove whether legal protection against notaries who are suspected of violating the code of ethics is effective.The results of this study show that there are already regulations regarding legal protection for notaries who are suspected of violating the code of ethics regulated in the Notary Office Law and the notary code of ethics in the form of self-defense and administrative legal remedies.legal protection for notaries suspected of violating the code of ethics cannot be said to be effective because administrative appeals cannot be made. the sanctions given by the Regional Supervisory Board are only in the form of a written warning to Banyumas and Purbalingga Notaries. The sanction is relatively light so that the notary does not need to exercise his other rights in the form of an administrative appeal.