Analisis Hukum atas Sanksi Administratif oleh Majelis Pengawas Wilayah kepada Notaris yang Melakukan Pelanggaran disebabkan Tidak Menjalankan Amanah yang diberikan padanya (Studi Putusan Majelis Pengawas Wilayah Sumatera Utara No. M.05/Majelis Pengawas Wilayah Prov.02.01.22 Tahun 2022)

Abstract

Acting honestly, reliably and independently is an obligation that must be owned by a Notary as a public official in carrying out his work to make authentic deeds for the benefit of the parties. If the notary is not trustworthy, as contained in Article 16 paragraph (1) UUJN No. 2 of 2014 concerning changes to UUJN No. 30 of 2004, notaries can be subject to administrative sanctions based on UUJN and the code of ethics of notaries in the form of verbal reprimands, temporary dismissals, honorable discharges and dishonorable discharges (Dismissal). Therefore, it is necessary to study the forms of law violations that can be categorized as violations of the Notary's position which result in administrative sanctions, what is the legal position of the Notary Supervisory Board in carrying out supervision, examination and imposition of sanctions for Notaries, what are the legal consequences for a notary who is subject to administrative sanctions by the Notary Supervisory Council especially the Regional Supervisory Council? This study uses a type of normative juridical research. The data collection technique used in this research is library research. Data analysis was carried out using qualitative analysis methods. Then in this analysis conclusions are drawn using deductive logic. Decision of the North Sumatra Regional Supervisory Council No.M.05/Prov.02.01.22 Regional Supervisory Council of 2022 found that Notary D did not complete the work given by the client to him completely including not completing 2 (two) SKMHT, 14 (fourteen) Collateral Deeds Fiduciary and Fiduciary Guarantee Certificates, 2 (two) original stamped credit agreements, 2 (one) pieces of SHM where the original SKMHT and credit contracts have not been stamped, 1 (one) SHM where the SKMHT has not been submitted, and 1 (one) SHM fruit has not been returned to the customer. The legal consequence of the Administrative sanction imposed by the Notary Regional Supervisory Board for Notary D is a temporary suspension of 6 months. The Regional Supervisory Council can only pass a decision to the Notary in the form of verbal warning sanctions or written warnings and proposed sanctions, namely Recommendations to the Central Supervisory Council in the form of temporary dismissal, respectful or dishonorable dismissal. If the authority decided by the Regional Supervisory Council in imposing sanctions exceeds its authority, then the decision issued by the Regional Supervisory Council is legally invalid.