Notary Ethics and Profession: The Consequences of Sanctions for Violating the Code of Ethics

Prakoso, Margareth Tutut Maharani; Sukirno, Sukirno

doi:10.37276/sjh.v5i1.266

Cited by 3 publications

(3 citation statements)

References 22 publications

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“…The presence of a Notary as a public official is crucial in the context of making authentic deeds. An authentic deed is perfect evidence of actions, agreements, decisions, and legal events made before or by an authorized official (Prakoso & Sukirno, 2023). This evidence provides Notary service users certainty, order, and legal protection.…”

Section: Resultsmentioning

confidence: 99%

Legal Consequences of Violating the Obligations of Prospective Intern Notary: A Study of Legislation

Rosalinda,

Aminah

2023

sjh

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This study examines and analyzes the legal consequences of violations of obligations committed by prospective intern Notaries based on Law Number 30 of 2004 and Law Number 2 of 2014. This study uses normative legal research with the statute and conceptual approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the Article 16A of Law Number 2 of 2014 prescriptively indicates that prospective intern Notaries have attributive authority in doing authentic deeds. On the other hand, it reveals no additional articles providing sanctions if a prospective intern Notary violates this Article 16A of Law Number 2 of 2014. Despite these conditions, prospective intern Notaries ignoring their obligations are not exempt from legal consequences under Article 444 section (1) of Law Number 1 of 2023, Article 1365 of the Civil Code, and Article 12 point 3 of INI Regulation Number 19/PERKUM/INI/2019. Therefore, it is recommended that all stakeholders, including prospective intern Notary and Notary accepting intern, strictly adhere to the legal and regulatory framework governing internships. Further, the House of Representatives could consider for Amendment to Law Number 30 of 2004. In this case, legislation formation must provide more explicit provisions on the limitations and responsibilities of prospective intern Notaries and the consequences of violations. Clarifying these aspects could prevent misunderstandings, enhance the effectiveness of the internship program, and ultimately improve the overall quality and integrity of the Notary profession.

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Section: Resultsmentioning

confidence: 99%

Legal Consequences of Violating the Obligations of Prospective Intern Notary: A Study of Legislation

Rosalinda,

Aminah

2023

sjh

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“…In this context, the Notary Public plays a significant role as a public official authorized to make authentic deeds. These deeds encompass all acts, agreements, and determinations required by legislation or desired by the interested parties to be expressed as an authentic deed (Prakoso & Sukirno, 2023). The duties of a Notary Public include issuing grosse (debt acknowledgment deeds), guaranteeing date certainty, and storing deeds, copies, and excerpts from these documents.…”

Section: Pendahuluanmentioning

confidence: 99%

Juridical Analysis of the Implementation of Notary Public’s Authority in Making Deeds Related to the Land Sector

Ardhita,

Yunanto

2023

sjh

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This study aims to examine and analyze the legal basis for determining the Notary Public’s authority to make deeds related to the land sector. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that Notary Publics possess attributed authority in making deeds related to the land sector. Nevertheless, the scope of this authority is limited. This authority applies only as long as the deeds made do not fall within the scope of authority for making deeds by the Land Deed Official. Furthermore, Notary Publics, who also serve as Land Deed Officials within the same territorial jurisdiction, can make deeds related to the land sector. Therefore, it is recommended that the Legislature provide more detailed and specific clarification in Article 15 section (2) point f of Law Number 2 of 2014 regarding the specific scope of the Notary Public’s authority in making deeds related to the land sector. This clarification is essential to ensure that the attributed and limited authority of the Notary Public does not overlap with the authority of the Land Deed Official. Furthermore, it is recommended for both Notary Publics and Land Deed Officials to actively enhance their understanding and separation of authorities in accordance with their territorial jurisdiction and applicable legislation. This will help avoid confusion and conflicts in making deeds and ensure that both officials can perform their duties efficiently and effectively, in line with the realms and responsibilities established.

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“…Typically, a contract includes provisions about actions that must be taken or avoided by the involved parties and matters regarding the granting or refusal of something. Sukirno, 2023). This document is prepared based on the consent of both parties and must be composed and signed in the presence of a notary as the authorized party.…”

Section: Introductionmentioning

confidence: 99%

Obligations Arising from Contracts and Laws and Their Relationship with Authentic Deeds

Dongoran,

Aminah

2024

AIJIH

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This study aims to delve deeper into the dynamics between obligations arising from contracts and laws and the role of authentic deeds, as well as to explore the implications of the legal force inherent in each element in establishing and maintaining an obligation. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that legal obligations can be formed through various mechanisms, including contracts, laws, and authentic deeds. A contract, which can be either a written or oral agreement, creates a legal bond between the parties, with its legal force depending on the fulfilment of established legality conditions. Laws, as regulations made by the government, establish rights and obligations that are generally applicable and binding for all citizens, including in the context of legal obligations. Meanwhile, an authentic deed created by a notary offers a higher level of legal certainty than ordinary contracts due to its inherent evidentiary power and legal recognition. Therefore, it is recommended that parties in an obligation carefully consider the type of agreement to use in line with the complexity and legal needs of the obligation. Written or oral contracts may suffice for simple transactions or agreements, which meet all required legality conditions. However, for more complex obligations or those requiring high legal certainty, such as property transactions or significant business agreements, it is highly advisable to use an authentic deed prepared and authenticated by a notary. Choosing the appropriate obligation mechanism will ensure the legality and legal force of the agreement and provide better protection for all involved parties against potential disputes in the future.

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Notary Ethics and Profession: The Consequences of Sanctions for Violating the Code of Ethics

Cited by 3 publications

References 22 publications

Legal Consequences of Violating the Obligations of Prospective Intern Notary: A Study of Legislation

Legal Consequences of Violating the Obligations of Prospective Intern Notary: A Study of Legislation

Juridical Analysis of the Implementation of Notary Public’s Authority in Making Deeds Related to the Land Sector

Obligations Arising from Contracts and Laws and Their Relationship with Authentic Deeds

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