The Role of Notaries in the Administration of Justice

Oct 13, 2025 by windailys.com 116 views

Administrative Sanctions on Notaries: A Legal Analysis of the North Sumatra Regional Supervisory Council Decision No. M.05/Regional Supervisory Council of Prov.02.01.22 of 2022

Introduction

The notary profession plays a crucial role in the administration of justice, as they are responsible for authenticating documents and ensuring that the rights of parties involved are protected. As public officials, notaries have a duty to act honestly, responsibly, and independently in carrying out their duties. However, if a notary fails to meet these expectations, they can be subject to administrative sanctions. This article provides a legal analysis of the North Sumatra Regional Supervisory Council Decision No. M.05/Regional Supervisory Council of Prov.02.01.22 of 2022, which imposed administrative sanctions on a notary who failed to complete a mandate given to them.

The Role of Notaries in the Administration of Justice

Notaries are public officials who play a crucial role in the administration of justice. They are responsible for authenticating documents, ensuring that the rights of parties involved are protected, and providing a secure and reliable means of recording transactions. As such, notaries have a duty to act honestly, responsibly, and independently in carrying out their duties. This includes ensuring that they complete all tasks given to them by clients, and that they do so with full integrity and transparency.

The Authority of the Regional Supervisory Council

The Regional Supervisory Council has the authority to conduct supervision, examination, and sanctions for notaries in their region. This authority is granted by the Notary Position Law and Notary Code of Ethics, which provide a framework for the supervision and regulation of notaries. The Regional Supervisory Council has the power to impose sanctions on notaries who fail to meet the expectations of their profession, including oral reprimands, written reprimands, and recommendations to the Central Supervisory Council for temporary deactivation, dismissal with respect or not with respect.

The Case of Notary D

The North Sumatra Regional Supervisory Council Decision No. M.05/Regional Supervisory Council of Prov.02.01.22 of 2022 revealed a case of violation committed by Notary D. Notary D failed to complete the work given by their client thoroughly, including not completing 2 (two) SKMHT, 14 (fourteen) Fiduciary Guarantee Deed and Fiduciary Guarantee Certificate, 2 (two) original loan agreements, 2 (one) SHM sheet where the SKMHT and the original credit agreement have not been stamped, 1 (one) SHM where the SKMHT has not been submitted, and 1 (one) SHM fruit that has not been returned to the client. For this violation, the North Sumatra Regional Supervisory Council imposed administrative sanctions in the form of temporary deactivation for 6 (six) months to Notary D.

Legal Analysis and Authority of the Regional Supervisory Council

The Regional Supervisory Council has the authority to impose sanctions on notaries who fail to meet the expectations of their profession. In this case, the Regional Supervisory Council can only impose sanctions in the form of oral reprimands, written reprimands, and recommendations to the Central Supervisory Council in the form of temporary deactivation, dismissal with respect or not with respect. If the Regional Supervisory Council gives sanctions that exceed their authority, then the decision can be declared illegal. In the case of Notary D, although the decision of the Regional Supervisory Council impose a temporary deactivation sanction, it is still within the framework of their authority, because it is included in the category of sanctions that can be given.

Legal Impact of Administrative Sanctions

Administrative sanctions imposed on Notary D have a significant legal impact. Temporary deactivation for 6 months means that Notary D cannot carry out his duties as a notary during that period. This can have an impact on financial losses and notary reputation D, as well as clients affected by the tasks given. The imposition of administrative sanctions also serves as a reminder to notaries to always uphold the professional code of ethics, carry out tasks with full integrity, and prioritize client satisfaction and rights.

Conclusion

The North Sumatra Regional Supervisory Council Decision No. M.05/Regional Supervisory Council of Prov.02.01.22 of 2022 provides an important understanding of the authority and supervisory mechanism of the notary. This decision also shows that violations of the mandate and trust given to the notary can lead to administrative sanctions that have a significant legal impact. This case is also an important reminder for notaries to always uphold the professional code of ethics, carry out tasks with full integrity, and prioritize client satisfaction and rights. This is important to maintain public trust in the notary profession and ensure that the legal system is carried out correctly and fairly.

Recommendations

Based on the analysis of the North Sumatra Regional Supervisory Council Decision No. M.05/Regional Supervisory Council of Prov.02.01.22 of 2022, the following recommendations can be made:

Notaries should always uphold the professional code of ethics and carry out tasks with full integrity and transparency.
Notaries should prioritize client satisfaction and rights, and ensure that they complete all tasks given to them by clients.
The Regional Supervisory Council should continue to exercise its authority to supervise, examine, and sanction notaries who fail to meet the expectations of their profession.
The imposition of administrative sanctions should be done in a fair and transparent manner, and should be in accordance with the rules governing the sanctions that can be given.

References

Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position.
Notary Code of Ethics.
North Sumatra Regional Supervisory Council Decision No. M.05/Regional Supervisory Council of Prov.02.01.22 of 2022.

Keywords

Notary
Administrative sanctions
Regional Supervisory Council
Notary Position Law
Notary Code of Ethics
Supervision
Examination
Sanctions
Temporary deactivation
Dismissal with respect or not with respect.
Frequently Asked Questions (FAQs) about Administrative Sanctions on Notaries

Introduction

Administrative sanctions on notaries are a crucial aspect of maintaining the integrity and professionalism of the notary profession. In this article, we will answer some frequently asked questions about administrative sanctions on notaries, including the authority of the Regional Supervisory Council, the types of sanctions that can be imposed, and the impact of administrative sanctions on notaries.

Q1: What is the authority of the Regional Supervisory Council in imposing administrative sanctions on notaries?

A1: The Regional Supervisory Council has the authority to conduct supervision, examination, and sanctions for notaries in their region. This authority is granted by the Notary Position Law and Notary Code of Ethics, which provide a framework for the supervision and regulation of notaries.

Q2: What types of sanctions can be imposed on notaries by the Regional Supervisory Council?

A2: The Regional Supervisory Council can impose sanctions on notaries in the form of oral reprimands, written reprimands, and recommendations to the Central Supervisory Council for temporary deactivation, dismissal with respect or not with respect.

Q3: What is the impact of administrative sanctions on notaries?

A3: Administrative sanctions can have a significant impact on notaries, including financial losses, damage to reputation, and loss of clients. Temporary deactivation, for example, means that the notary cannot carry out their duties as a notary during the period of deactivation.

Q4: Can the Regional Supervisory Council impose sanctions that exceed their authority?

A4: No, the Regional Supervisory Council cannot impose sanctions that exceed their authority. If they do, the decision can be declared illegal.

Q5: What is the purpose of administrative sanctions on notaries?

A5: The purpose of administrative sanctions on notaries is to maintain the integrity and professionalism of the notary profession. By imposing sanctions on notaries who fail to meet the expectations of their profession, the Regional Supervisory Council can ensure that notaries uphold the professional code of ethics and carry out tasks with full integrity and transparency.

Q6: How can notaries avoid administrative sanctions?

A6: Notaries can avoid administrative sanctions by upholding the professional code of ethics, carrying out tasks with full integrity and transparency, and prioritizing client satisfaction and rights.

Q7: What is the role of the Central Supervisory Council in administrative sanctions on notaries?

A7: The Central Supervisory Council plays a crucial role in administrative sanctions on notaries. They can receive recommendations from the Regional Supervisory Council for temporary deactivation, dismissal with respect or not with respect, and make decisions on the imposition of sanctions.

Q8: Can administrative sanctions be appealed?

A8: Yes, administrative sanctions can be appealed. Notaries who are subject to administrative sanctions can appeal the decision to the Central Supervisory Council or the courts.

Q9: What is the impact of administrative sanctions on clients?

A9: Administrative sanctions can have an impact on clients, including loss of access to notary services, financial losses, and damage to reputation.

Q10: How can the public ensure that notaries are upholding the professional code of ethics?

A10: The public can ensure that notaries are upholding the professional code of ethics by reporting any instances of misconduct or unethical behavior to the Regional Supervisory Council or the Central Supervisory Council.

Conclusion

Administrative sanctions on notaries are a crucial aspect of maintaining the integrity and professionalism of the notary profession. By understanding the authority of the Regional Supervisory Council, the types of sanctions that can be imposed, and the impact of administrative sanctions on notaries, the public can ensure that notaries are upholding the professional code of ethics and carrying out tasks with full integrity and transparency.

References

Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position.
Notary Code of Ethics.
North Sumatra Regional Supervisory Council Decision No. M.05/Regional Supervisory Council of Prov.02.01.22 of 2022.

Keywords

Notary
Administrative sanctions
Regional Supervisory Council
Notary Position Law
Notary Code of Ethics
Supervision
Examination
Sanctions
Temporary deactivation
Dismissal with respect or not with respect.