Notary Ujung Tombak Economic Recovery, Needs Supervision According To Law

Minister of Law and Human Rights (Menkum HAM), Yasonna Hamonangan Laoly/PHOTO: Public Relations of the Ministry of Law and Human Rights

JAKARTA - Notaries are one of the professions that have a major role in the recovery of the Indonesian economy after the COVID-19 pandemic. Where the national economy in 2022 is predicted to grow by 5.2 percent.

Minister of Law and Human Rights (Menkum HAM), Yasonna Hamonangan Laoly said that notaries in economic recovery play a role primarily in realizing certainty and ease of doing business in terms of starting a business and other roles related to community economic activities.

"In carrying out his position a notary must act professionally, honestly, trustworthy, and impartially in providing services to the community in accordance with the code of ethics for the position of a notary and the provisions of the applicable laws and regulations," Yasonna said during the Inauguration of the Interim Change of Time (PAW) of the Central Supervisory Council. Notaries (MPPN) and the Central Notary Honorary Council (MKN) for the 2019-2022 period were quoted from a written statement from the Ministry of Law and Human Rights, Wednesday, March 16.

He explained that based on the mandate of Law Number 30 of 2004 as amended by Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of a Notary, gave a mandate to the Menkum HAM by establishing a Notary Supervisory Council (MPN) which has the authority to carry out guidance and supervision of the behavior and implementation of the position of a notary

As well as MKN which has the authority to refuse or approve the taking of photocopies of the minutes of deed and summons notaries for the benefit of the judicial process, investigation, and prosecution.

"MPN and MKN are extensions of my hand as Menkumham in supervising the implementation of the notary position, so that legal certainty and protection for the public as notary service users can be realized through the existence of the assembly as an institution that oversees the implementation of the notary position," he explained.

PHOTO: Public Relations of the Ministry of Law and Human Rights

Yasonna appealed to the MPN to play an active role in providing guidance and supervision of alleged violations of office committed by a notary by conducting a gradual inspection starting from the Regional Supervisory Council (MPD), the Regional Supervisory Council (MPW) to the MPN.

"Reports of alleged violations are not only submitted by the public, but also the results of periodic inspections of the MPD, and from law enforcement officers, or from PPATK if a notary is suspected of being involved in Money Laundering and Terrorism Financing Crimes, which will ultimately be decided by the MPN and MKN. ," he said.

Regarding government policies with the implementation of the notary position, continued Yasonna, where Indonesia is a member of the FATF (Financial Action Task Force) notary as one of the reporting parties is required to implement PMPJ (Principle of Recognizing Service Users). Based on the results of PPATK's research, it was found that the perpetrators of the crime of money laundering and the financing of terrorism often used the services of a notary in carrying out their actions.

"With regard to the obligation to implement PMPJ, the supervisory board as a regulatory supervisory agency for notaries has the task of supervising compliance with PMPJ implementation and reporting on suspicious financial transactions. Therefore, synergy between MPN and PPATK is needed in supervising compliance with PMPJ implementation, so that the climate is friendly investment and ease of doing business can avoid ML and TPPT," he said.

Yasonna said the number of notaries throughout Indonesia is more than 19 thousand people with the number of deeds made per year on average reaching 5 million deeds.

Supervision of the implementation of the Notary's position in making the deed is a fairly heavy task, so a firm, fast and responsive attitude is required in supervising notaries through institutional strengthening and the imposition of sanctions on notaries.

"Conducting coaching through upgrading and various training or socialization so that Notaries can carry out their positions in a professional and dignified manner. Thus, the function of supervising and fostering the assembly can be enjoyed not only by notaries, but also by the community and the business world," he said.