The Role and Function of Supervision from the Notary Supervisory Board in Dealing with Violations of Ethics and Notary Position in Mataram City

Fahrul Rizki Hidayat, Lalu Sabardi, Kurniawan Kurniawan

Abstract


This study discusses the role and function of the Notary Supervisory Board against the notary who violates the code of ethics and notary position. It applies the empirical legal juridical research method that is carried out by examining the conditions in the field related to the implementation of supervision and guidance of notaries by the Supervisory Board in Mataram City. Based on Article 1 paragraph (6) Law on Notary Position, the Notary Supervisory Board is an institution that has the authority and obligation to carry out guidance and supervision of the notary. In carrying out supervision and guidance, the Minister forms a Supervisory Board consisting of 3 (three) levels which include the Regional Supervisory Board in the city/regency, the Provincial Supervisory Board in the province and the Central Supervisory Board in the capital. Each level consists of 9 (nine) different people; each of 3 (three) people came from government, notary, expert/academic elements. The Supervisory Board has very important roles and functions in law enforcement against notaries in their territories in holding hearings to check for suspected violations of the code of ethics and notary position. Law enforcement can be in the form of preventive measures (supervision) and curative steps (implementation of sanctions). Thus, if the notary commits a violation, the Supervisory Board has the right to examine and sanction him/her. Sanctions can be in the form of written warning, temporary dismissal, respectful dismissal and/or disrespectful dismissal.


Keywords


Notary Supervisory Board; Violation; Sanction

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References


Books

Salim, H.S. (2016) Teknik Pembuatan Akta Satu (Konsep Teoretis, Kewenangan Notaris, Bentuk dan Minuta Akta), Rajawali Pers, Jakarta.

Adjie, H. (2011)Hukum Notaris Indonesia, Tafsir Tematik Terhadap Undang-Undang Nomor 30 Tahun 2004 Tentang Jabatan Notaris, Refika Aditaman, Bandung.

Adjie, H. (2008). Hukum Notaris Indonesia, Tafsir Tematik Terhadap Undang-Undang Nomor 30 Tahun 2004 Tentang Jabatan Notaris, Refika Aditaman, Cet-1, Bandung,

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Indonesia, Law No. 2 of 2014 concerning Amendment to Law No. 30 of 2004 concerning Notary Position, State Gazette of the Republic of Indonesia of 2014 No. 3

Indonesia, Law No. 30 of 2004 concerning Notary Position, State Gazette of the Republic of Indonesia of 2004 No. 117

Indonesia, Minister of Law and Human Rights Regulation No. 61 of 2016 concerning Procedures for Imposing Administrative Sanctions Against Notaries

Indonesia, Regulation of the Minister of Law and Human Rights No. 40 of 2015 concerning Organizational Structure, Procedures for Appointment of Members, Dismissal of Members, and Procedures of the Supervisory Board

Indonesia, Decree of the Minister of Law and Human Rights Number M.02. PR.08.10 of 2004 concerning Procedures for Appointment of Members, Dismissal of Members, Organizational Structure, Work Procedures, and Examination Procedures for the Notary Supervisory Board

Indonesia, Letter of the Directorate General of General Law Administration (DG AHU) Department of Law and Human Rights Republic of Indonesia No. C.HT.03.10-05. concerning the Establishment of the Notary Regional Supervisory Board

Notary Code of Ethics of the Indonesian Notary Association (INI), Amendment to the Ethical Code of Extraordinary Notary of the Indonesian Notary Association, Banten, May 29-30, 2015




DOI: http://dx.doi.org/10.18415/ijmmu.v6i3.832

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