Code of Ethics and Position of Notary in Indonesia

Abstract

The notary is authorized to make authentic deeds regarding all actions, agreements and provisions required by the laws and regulations and/or that the interested party wants to be stated in the authentic deed, guarantees the certainty of the deed creation date, keeps the deed, provides grosse, copies and excerpts of the deed , all of them as long as the deeds are drawn up, they are not assigned or exempted from other officials or other people as stipulated by law. Therefore, the general power (openbaar gezaag) based on the law assigns the officer concerned to produce written evidence as desired by the parties with authentic power. The approach method used in this study is primarily a descriptive analysis approach. In practical terms, By writing this research, it is hoped that it can provide valuable input for all parties involved in the implementation of the notary office and can also add insight to the notary regarding the problem of violating the code of ethics which results in criminal action. What is stated in the notary code of ethics made by the INI organization which is the only notary organization that is legally incorporated in accordance with UUJN. This means that all notaries must comply with the Notary Code of Ethics. What is stated in the notary code of ethics made by the INI organization which is the only notary organization that is legally incorporated in accordance with UUJN. This means that all notaries must comply with the Notary Code of Ethics. What is stated in the notary code of ethics made by the INI organization which is the only notary organization that is legally incorporated in accordance with UUJN. This means that all notaries must comply with the Notary Code of Ethics.

The Criminal Liability of Bank-Affiliated Notaries for the Confidentiality Principle of Banks in Connection with Deposit Collateral Agreements

“…Based on the laws in Indonesia, the form of criminal liability of notaries affiliated with banking institutions for the guarantee binding act in the form of a deposit connected to the principle of bank secrecy is stated in Article 2 paragraph (1) of Bank Indonesia Regulation No. 2 of 2000 (Victoria et al, 2020). The regulation provides that notaries who are affiliated with banking institutions can be held criminally liable for violating the principle of bank secrecy if they disclose or provide information related to bank accounts, transactions, or customer identities without the customer's permission or legal authority.…”

“…In the current phenomenon, a Notary in carrying out his/her duties has the authority and obligation to be executed by the prevailing laws and regulations (Victoria, Ariyana, & Arifani, 2020). However, in practice, problems often arise in the banking sector because the notary does not carry out his/her duties following the prevailing laws and regulations, such as the notary not properly executing notarial protocols, such as removing the minutes of the deed that should be kept and maintained by the notary, the notary not making the deed per the procedures and guidelines outlined in the regulations, such as not making the deed in the presence of the notary and not attended by the parties and witnesses, or the notary not authorized to make the deed, which means that the notary who makes the deed is not within the jurisdiction of the notary (UUJN, 2014).…”

“…By fulfilling their responsibilities in all these areas, banks can maintain and enhance public trust, which is essential for their continued success and sustainability. Extant literature has highlighted the importance of notaries in the banking industry in ensuring legal compliance and preventing fraudulent activities (Mufasirin & Witasari, 2022;Victoria et al, 2020). In particular, notaries are responsible for verifying the accuracy of the information in documents, ensuring that all parties involved in a transaction are authorized to do so, and executing transactions in compliance with applicable laws and regulations (Iryadi, Ansari, Saputra, Afrizal, & Thirafi, 2021).…”

Exploring Contemporary Issues and Key Takeaways: A Comparative Analysis of Civil-Law Notary Laws in Indonesia and Louisiana

“…From there, notarial activity extended to France where throughout the period the office of notary became a service to the general public whose need and usefulness had been recognized by society and the French state. Until the early 19th century, notarial activity expanded to several other countries where it developed in the form of professions and institutions (Victoria et al, 2020).…”

“…Melchior Kerchem was the secretary of the college van schepenen or Municipal Shipping Affairs who was appointed as the first notary in Indonesia in 1620 (Nurliyantika et al, 2022). In 1860, the Dutch East Indies Government saw the need for new regulations regarding the Office of Notary in Nederlands Indie by adjusting the regulations regarding the Office of Notary in the Netherlands (Victoria et al, 2020). After Indonesia's independence, the existence of Notaries in Indonesia was still recognized based on the provisions of Article II of the Transitional Rules of the 1945 Constitution, namely: "All existing laws and regulations remain in force as long as no new ones have been made according to this Basic Law."…”