Criminalization of Notary Profession in Indonesia
- June 12, 2020
- Posted by: RSIS
- Categories: IJRISS, Law
International Journal of Research and Innovation in Social Science (IJRISS) | Volume IV, Issue V, May 2020 | ISSN 2454–6186
Criminalization of Notary Profession in Indonesia
Syafran
Doctor of Law Program, Universitas Jayabaya, Jakarta-Indonesia
Abstract— The background of this research was intended to study the problem of punishment for Notary profession in Indonesia. The phenomenon of criminalization towards Notary is a form of criminalization. Therefore, in order to facilitate the difference in perception between the Notary and the law enforcement officers, a criteria or punishment for crime application is required for Notary as a profession as normative reference that could provide legal protection for Notary in the future.
Keywords: Notary, profession, punishment, criminalization.
I.INTRODUCTION
The objective of this research is to formulate a model of legal protection for the profession notary in the process of punishment. Such objective comes from an assumption that a punishment for notary in the context of duty and authority implementation as common officials requires certain limit or criteria that must be fulfilled in order to prevent criminalization towards notary profession.
Punishment for notary could not just be executed based on the legal principles of common crime as stated in the Criminal Code [1], since notary is a profession created by the state to serve the people in terms of civil code and administration[2].Law enforcement officers must have an adequate understanding about the public notary in order to process the criminal law enforcement in the scope of public notary[3],which does not end in the criminalization of profession notary.
The phenomena of punishment for Notary has been a legal and social fact that could not be ignored. However, in practice, there are still gap and different perspective between the Notary and law enforcement in applying the criminal sanction to Notary. In one side, Notary tends to refer closely to The Law of Notary Profession (UUJN) which did not mention the provision of criminal sanction in addressing the phenomena of punishment for Notary[4].
As the consequences of such different perspective, a perception arises among the Notary that the phenomenon of punishment towards Notary is a form of criminalization. Inorder to facilitate the different perception between the Notary and the law enforcement officers, a criteria or punishment for crime application is required for Notary as a profession as normative reference that could provide legal protection for Notary in the future.
