NOTARY AT THE CROSSROADS(Legal and Ethical Dilemmas in Concurrent Position as Director of CV)
Abstract
Purpose of the Study: The purpose of this research is to analyze and evaluate the process of examining and imposing sanctions by the Notary Supervisory Council on cases of alleged dual notary positions in Gorontalo, as well as their conformity with the Notary Position Law (NPL).
Methodology: This research uses normative legal methods, focusing on the analysis and interpretation of legal norms contained in statutory regulations, judge's decisions and other legal sources, using statutory and conceptual approaches. Primary and secondary legal materials include statutory regulations, literature, articles, journals and related documents. Legal material collection techniques involve library research and document study with qualitative analysis.
Main Findings: The inspection process by the Notary Supervisory Board has followed applicable legal provisions. However, there are significant differences in the application and interpretation of the law between Regional and Regional Supervisory Councils (RSC), especially in terms of imposing sanctions. Regional Supervisory Councils tend to impose heavier sanctions, responding to violations as serious actions that damage the integrity of the notary profession. In contrast, the Regional Supervisory Council was more lenient, focused on technical aspects and did not find violations of multiple positions.
Applications: Although the RSC decision is technically in accordance with the NPL, there are concerns regarding the effectiveness and deterrent effect of the sanctions imposed.
Novelty/Originality: This research underlines the importance of adjustments in the imposition of sanctions by the Notary Supervisory Board to ensure effectiveness and maintain the high standards of the notary profession.
Keywords: Notary Supervisory Board, Multiple Positions, NPL .