IMPLEMENTATION OF CODE OF ETHICS SANCTIONS AGAINST NOTARIES WHO HAVE COMMITTED CRIMINAL ACTS WITHIN THE SCOPE OF THEIR DUTIES
Journal: International Journal of Advanced Research (Vol.12, No. 06)Publication Date: 2024-06-10
Authors : Fajar Rahardhian Sri Wahyu Handayani Tri Lisiani; Budiono;
Page : 138-144
Keywords : Implementation Ethical Code Sanctions Notary;
Abstract
The Notary Code of Ethics sets the standards of behavior that Notaries must adhere to in order to act ethically and in accordance with the law. One of the sanctions for violations of the Notary Code of Ethics is dismissal with dishonor. This study aims to analyze the implementation of ethical code sanctions against Notaries who have committed criminal acts within the scope of their duties based on a final and binding court decision, which must go through a complaint process, and to analyze the ethical code sanctions in the form of dismissal with dishonor that can be imposed on Notaries who have committed criminal acts based on a final and binding court decision. Using a normative juridical approach, this research is prescriptive in nature. Data collection was conducted through literature study, presented in a systematically arranged narrative text, and analyzed qualitatively normatively. Based on the results of the research and discussion, it can be concluded that the implementation of ethical code sanctions against Notaries who have committed criminal acts within the scope of their duties based on a final and binding court decision must go through a complaint process. In the process of applying ethical code sanctions to a Notary proven to have committed a criminal act while performing their duties, the Honorary Council can seek facts regarding the alleged ethical code violation committed by the Notary either after receiving a written complaint from members of the organization or the public who have been harmed by the Notary, accompanied by convincing facts and evidence of the alleged ethical code violation by a member of the association. This process indicates that efforts to enforce the ethical code against Notaries who commit criminal acts within the scope of their duties still depend on complaints from aggrieved parties. Ethical code sanctions in the form of dismissal with dishonor can be imposed on Notaries who have committed criminal acts based on a final and binding court decision. The decision to impose such ethical code sanctions is an appropriate and suitable step as a consequence for Notaries regarding the code of ethics and Notary Law (Undang-UndangJabatanNotaris, hereafter UUJN). The Notary Code of Ethics establishes standards of behavior that Notaries must adhere to, including acting ethically and by the law, as well as preventing similar violations. This indicates that the Notary profession and public interest take precedence over individual interests and is also an important step in maintaining the reputation of the Notary profession.
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