Konsekuensi terhadap Notaris yang Melakukan Tindak Pidana Secara Concursus (Studi Putusan Nomor: 2091/Pid.B/2023/PN.Sby)

Abstract

The Indonesian Notary Law (UUJN) stipulates that notaries may be held accountable administratively, civilly, and criminally. In District Court Decision Number: 2091/Pid.B/2023/PN.Sby, Notary DC was sentenced to imprisonment of nihil. The absence of legal certainty in the UUJN regarding the consequences for notaries who are convicted of crimes with sentences of less than five years but committed repeatedly-so that the cumulative sentence amounts to twenty years raises legal questions, particularly in relation to Article 13 of the UUJN. The issue examined in this study concerns the legal consequences for notaries who are sentenced multiple times to imprisonment of less than five years, as reflected in Decision Number: 2091/Pid.B/2023/PN.Sby. The research method employed is normative legal research based literature review, with qualitative analysis of legal principles and legal norms contained in statutory regulations related to the issues discussed. The findings of this study indicate that Decision Number: 2091/Pid.B/2023/PN.Sby may serve as the basis for dishonorable dismissal of Notary DC, as the criminal acts committed constitute concursus realis in relation previous court rulings. In sentencing, by applying the rule of the highest penalty plus one-third, namely 7 (seven) years + (1/3 × 7) years = 9 (nine) years and 4 (four) months of imprisonment, the decision fulfills the elements stipulated Article 13 of the UUJN. This study suggests the need for harmonization between the UUJN and the new Criminal Code regarding sanctions for notaries who commit criminal offenses, greater judicial prudence in sentencing, and clearer provisions within the UUJN on sanctions against notaries.