Sanksi Bagi Notaris yang Melakukan Pelanggaran Kode Etik dalam Undang-Undang Jabatan Notaris (Studi Putusan Nomor:491/Pdt/2022/PT.Mdn)

Abstract

There is a similarity in authority regarding sanctions given for violations of the code of ethics, where in the 2015 Extraordinary Congress of the Indonesian Notary Association in Banten. The Central Honorary Council is authorized to provide recommendations along with a proposal for dismissal as a notary to the Minister of Law and Human Rights of the Republic of Indonesia. Similar dismissal proposals are also stated in the Notary Position Act, which states that the Central Supervisory Council can propose the imposition of dishonorable discharge sanctions to the Minister of Law and Human Rights of the Republic of Indonesia. This thesis discusses the mechanism for the supervision and guidance of notaries and the imposition of sanctions for code of ethics violations by the Notary Honorary Council and the Notary Supervisory Council, and the synergy between these two institutions in imposing sanctions related to the proposal for dismissal or dishonorable discharge as a notary to the Minister of Law and Human Rights. This research is normative juridical research. To address the research problems, in secondary data were used through linrary research, followed by interviews with resource persons. The research conclude that the synergy between the Notary Honorary Council and the Notary Supervisory Council is only evident in terms of supervision and guidance, but not in terms of sanction imposition. Therefore, the Notary Honorary Council is expected to first examine code of ethics violations, which can be identified through public repotrs, findings by the Honorary Council, and reports from fellow notaries. In this study, such violations can include court decisions stating that a notary is proven to have commited unlawful acts and that their acts lack legal force. This is consistent with Decision Number: 491/PDT/2022/PT.MDN, where the notary issued an authentic act in violations of applicable laws, causing harm to others. Recommendations include the formulation of a ministerial regulation governing the implementasion of the dual authority held by the Notary Honorary Council and the Notary Supervisory Council, enhancing cooperation and coordination in terms of supervision, guidance and sanction imposition for code of ethics violayions, and considering the involvement of the Notary Honorary Council in examining received code of ethics violations. This isi to ensure thet decisions not only address violations based on Notary Position Act but also those based on the Notary Code of Ethics.