The Role of the Notary Regional Supervisory Board in Preventing Legal Violations Committed by Notaries in Padang City

Abstract

The authority of the notary is very susceptible of legal violations. The role of the supervisory board is very important to maintain the notary profession in carrying out the authority. Law enforcement is urgently needed when a violation arises, in which a troubled notary must be sanctioned. Conducting research in the form of scientific work that studies the following research problems will be interesting: (1) what factors are the cause of legal violations committed by notaries in Padang City? (2) what is the role of the Regional Supervisory Board in preventing legal violations committed by notaries in Padang City? and (3) what actions are taken by the Regional Supervisory Board against the notaries who commit legal violations in Padang City. This study applies juridical empirical approach using secondary and primary data types. The Regional Supervisory Board of Padang City mentioned that the factors causing legal violations committed by the notaries in Padang City are that (1) the notary likes to accept a work that is not in accordance with the date stated in the deed and (2) the notary often does not see the client directly. Legal violations committed by notaries in Padang City can be prevented by conducting socialization and direct observation in the field. The action that can be taken if legal violations committed by notaries occurs is to carry out the inspection process in order to prove whether or not the notary has committed a violation.

Regulating the validity of notarial deeds through teleconference

“…Therefore, a notarial deed will be considered valid as long as it fulfills the provisions stipulated in the Notary Position Law, both in terms of outward, material, and formal aspects. With the use of electronic signatures, the confronters and notaries can facilitate the signature process on the deed electronically without the need to meet physically, only by sending documents electronically [7] .…”

“…However, with the Cyber Notary concept, notaries can utilize technology in carrying out their duties and functions, by conducting teleconference meetings and signing electronically. The legal basis for the Cyber Notary concept is stated in Article 15 paragraph (3) of the Notary Office Law which mentions the authority to certify transactions conducted electronically (cyber notary), while Article 1 point (7) of the Notary Office Law states that a notarial deed is an authentic deed made by or before a notary in accordance with the forms and procedures regulated in this Law. Nonetheless, the electronic creation of notarial deeds through the Cyber Notary concept ~ 88 ~ may be less common as the public meeting and the notary may not be in the same area.…”

The ambiguity of dismissal of notary over bankruptcy in Indonesia

“…Connection with these sanctions, the authority of the Regional Supervisory Council (MPW) in Article 77, letter (c) and letter (e) of Law Number 30 Year 2004 regarding the Law concerning Notarial Position (Yuliarti & Purnawan, 2018) (Shabrina, Fendri, & Adegustara, 2019) highlights 2 issues, namely: a) Imposing temporary suspension; b) Proposing to impose sanctions in the form of dishonourable discharge to the Minister.…”