Implementation of Notary Obligations as a Reporter in the Alleged Criminal Act of Money Laundering Reviewed from the Notary Position Law and the Prevention and Eradication of the Criminal Acts of Money Laundering

Abstract

The honorable profession of a notary who is in charge of serving the community in the field of civil law should not be used as a means of money laundering by money laundering criminals, therefore it is necessary to regulate the notary profession as a reporting party who is obliged to report suspicious financial transactions carried out by the parties using the services of a notary. Realizing the existence of a legal vacuum, which does not require a notary as the reporting party for suspicious financial transactions, to follow up on it The government issues Government Regulation Number 61 of 2021, an amendment to Government Regulation Number 43 of 2015 concerning Reporting Parties in the Prevention and Eradication of the Crime of Money Laundering which is a mandate from Article 17 paragraph (2) of Law Number 8 of 2010 concerning the Prevention and Eradication of Crime Money Laundering and Regulation of the Minister of Law and Human Rights Number 9 of 2017 concerning the Application of the Principle of Service Users for Notaries, what is the application and the implementation of the obligations of a Notary as a Reporter in Alleged Crimes of Money Laundering in terms of the Act on Notary Positions and the Act on Prevention and Eradication of Acts Money Laundering can be realized. The type of research used in this research is Juridical Empirical, namely research conducted directly in the field through interviews to obtain primary data. In addition, literature research was conducted to obtain secondary data. The results of this study are (1) the implementation of legal certainty of a notary as a reporter in the alleged crime of money laundering in terms of the law on the position of a notary and the law on the prevention and eradication of the crime of money laundering in the event of an alleged crime of money laundering against the deed he made, namely the existence of the conflicting objectives between the notary position regulations and the set of regulations regarding the eradication of money laundering crime make it impossible to implement legal certainty for notaries as reporters, (2) Obstacles of a Notary as a Reporter in Implementing Legal Certainty of a Notary As a Reporter in Alleged Crimes of Money Laundering in terms of The Law on the Position of Notaries and the Law on Prevention and Eradication of the Crime of Money Laundering, namely the existence of statutory constraints and obstacles to the confidentiality of the position of a notary, (3) Forms of Legal Protection Against Notaries as Reporters in Alleged Crimes of Crime Money Laundering on Deeds Made by Notaries, which has been regulated in the Regulation of the Minister of Law and Human Rights Number 9 of 2017.