ANALISIS YURIDIS PUTUSAN PENGADILAN TINGGI JAKARTA NOMOR 501/PDT/2020/PT DKI TERKAIT PELANGGARAN KODE ETIK NOTARIS

Abstract

In carrying out their duties and profession, a Notary must refer to the Notary Code of Ethics as an absolute responsibility. As a legal profession, Notaries are supervised by an institution with the authority to evaluate their performance: the Notary Supervisory Board, which operates under the Ministry of Law and Human Rights. When a Notary is found to violate the obligations of their profession, it constitutes a violation of their professional code of ethics, which the Supervisory Board is authorized to handle.

This study aims to analyze the judge's considerations in deciding the case of a proposal for dishonorable dismissal. This proposal was issued by the Supervisory Board to a Notary who violated the Notary Code of Ethics by not providing a copy of the deed to the authorized party, as detailed in the decision of the Jakarta High Court Number 501/Pdt/2020. This study also examines the consequences and legal impacts that occurred for both the Notary involved and the Notary Supervisory Board as the sanctioning body.

This research is a normative study employing a statutory approach, a case approach, and a conceptual approach to facilitate the analysis. The results of this study conclude that the judge's considerations in deciding this case did not fully fulfill the notary's rights to a defense. This failure ultimately had a significant detrimental impact on Muhammad Irsan, S.H., the notary central to the case.

Keywords: Violation of the Notary Code of Ethics, Notary Supervisory Board, Administrative Sanctions, Dishonorable Dismissal, Judge's Considerations, Legal Impact.