Sanctions for Notaries for Breach of Position and Code of Ethics Conduct in the Exercise of the Authority

Abstract

Notary is a public official who is authorized to make authentic deeds and other powers based on Law Number 2 of 2014 concerning Notary Office (UUJN), and based on other statutory regulations. According to the UUJN conception that a Notary deed is an Authentic deed made by a Notary according to the forms and procedures established by laws and regulations. Violations made by notary according this provisions have legal consequences in the form of sanctions, particularly administrative sanctions, civil sanctions and criminal sanctions as well as ethical sanctions related to violations of the Code of Ethics. This paper will review what causes a notary to be subject to sanctions in carrying out his authority, also how is the form of breach of position carried out by a notary. This papers belongs to normative legal research using secondary legal materials. The cause of the notary can be subject to sanctions in carrying out his authority because the notary in carrying out his position is not in accordance with the UUJN and other laws and regulations. The form of sanctions for the breach of positions carried out by a notary against a notary himself and his position that administratively can be subject to sanctions in the form of a written warning to dishonorable dismissal, against a Notary in a civil manner may be subject to sanctions in the form of reimbursement of costs, compensation and interest, for criminal violations may be subject to criminal sanctions, and violation of ethics may be subject to code of ethics sanctions. Notaries in carrying out their positions and authorities must prioritize the principles of prudence, thoroughness, scrutiny and always apply the law in carrying out their authority. Furthermore, the notary must also properly understand the impact that may arise for the mistakes and violations committed by the notary.