Many Violations Are Done By Naughty Notaries, Menkumham Yassona Increases Supervision

Menkumham Yasonna H Laoly when opening the Coordination Meeting of the Directorate General of General Legal Administration with the Notary Supervisory Council and the Notary Honorary Council, in Nusa Dua, Bali / Photo: Public Relations of the Ministry of Law and Human Rights

JAKARTA - Minister of Law and Human Rights (Menkumham) Yasonna H. Laoly encouraged the Notary Supervisory Council (MPN) and the Notary Honorary Council (MKN) to improve coordination in notary supervision.

Yasonna said this when opening the "Coordination Meeting of the Directorate General of General Legal Administration with the Notary Supervisory Council and the Notary Honorary Council", in Nusa Dua, Bali, Monday, July 25, as quoted in a press release.

Based on the report he received, there were still many problems related to the implementation of the notary's duties, such as not reading the "minuta" of the deed in front of the audience, the deed made causing ownership shares to change or disappear or causing management dualism, there was even a deed made by a notary who was known to have died. "The various violations committed by the notary public have legal consequences that lead to lawsuits against the Ministry of Law and Human Rights, both through district courts and state administrative courts, to reporting alleged criminal acts to law enforcement officers. Therefore, the government needs to carry out stricter supervision of notaries. in carrying out his position," said Yasonna.

Yasonna explained the duties and responsibilities of a notary in carrying out his profession in direct contact with community activities.

As a public official who is authorized to make authentic deeds, he continued, notaries are expected to have sensitivity in conducting "due diligence".

"The notary is obliged to ensure the truth of the contents of the document or information from the appearer which is then stated in the deed," he said.

MPN and MKN, he said, were at the forefront of supervising and imposing sanctions on notaries in accordance with the mandate of the law. The MPN has the authority to provide guidance and supervision of the behavior and implementation of the notary's position, while the MKN has the authority to refuse or approve the taking of a "copy minuta" deed and the summons of a notary by law enforcement officers for the benefit of the judicial process, investigation, and prosecution.

"Unfortunately, the current system does not support monitoring the implementation of MPN and MKN duties as an extension of the Minister of Law and Human Rights," he said.

Regarding Indonesia's efforts to become a member of the "Financial Action Task Force" (FATF) as directed by President Joko Widodo, Yasonna said, his party is currently undergoing a "Mutual Evaluation Review" (MER).

One of the evaluation materials is the supervision of several professions that are considered to have a high risk of money laundering (TPPU) and terrorism financing (TPPT) crimes, including the notary profession as one of the reporters of suspected suspicious financial transactions in the Government Anti-Corruption application. Money Laundering (GAML).

"In this case, the notary's obligation to apply the principle of recognizing service users through filling out the "customer due diligence" (CDD) form in which supervision of the notary's compliance in applying the principle of recognizing service users is the responsibility of the Ministry of Law and Human Rights," said Yasonna.

Effective and professional supervision of notaries, he explained, is absolutely necessary because it is one of the requirements that the Indonesian government must fulfill in the process of becoming a member of the Financial Action Task Force (FATF).

Membership in the FATF is important and has a wide impact because it is proof that Indonesia has an effective "legal infrastructure" and "institutional infrastructure" in combating and preventing money laundering and money laundering offenses.

However, he added, the supervision that the government has been carrying out so far is still not maximal, it is realized that it must immediately strengthen and improve the notary supervision mechanism.

This Coordination Meeting is an effort by the government to identify the main problems in the current supervisory mechanism, find recommendations that must be followed up to strengthen the supervisory mechanism, and the supervision system for notaries.

"I hope that in the future, MPN and MKN can synergize in carrying out the duties of coaching and supervising notaries in a professional manner so that public trust in the notary supervisory institution will increase, there will be certainty, order, and legal protection for the community as notary service users can be created," he said. Yasonna.