Penerapan Honorarium Notaris Terkait Dengan Persaingan Tidak Sehat Dan Pelanggaran Kode Etik Jabatan Notaris

Abstract

In practice, the implementation of notary honorariums still lacks legal certainty. The absence of uniform regulations concerning minimum notary fees across cities and regencies has created opportunities for notaries to engage in unfair competition among peers. Such behavior constitutes a violation of professional ethics and undermines legal certainty both for the public and for the notarial profession itself. The problems addressed in this study are: how notary honorariums are determined based on the Notary Position Act and the Notary Code of Ethics; how effective the law is in regulating honorariums to prevent unfair competition among notaries; and what legal consequences arise if a notary engages in unfair competition related to honorarium practices. This normative juridical study examines the implementation of notary honorariums in relation to unfair competition among notaries. It utilizes primary, secondary, and non-legal materials obtained through literature review and applies descriptive analysis to interpret the findings. The research concludes that the determination of minimum honorariums based on notarial associations is not standardized and lacks regulatory clarity, rendering such standards ambiguous and legally unfounded. This ambiguity facilitates unfair competition among notaries, who may reduce or minimize their fees in order to attract clients from other notaries. Such practices harm fellow notaries and undermine the principle of fairness within the profession.