Notaries Ethics in Stipulating Honorarium Minimum in Indonesia

Abstract

Notaries do not receive salary from Government, however, they have a right to charge fees to their service users. In fact, a Notary also has rules in stipulating the honorarium he can receive, both in the form of a law for a maximum honorarium and in the form of a Notary Code of Ethics for a minimum honorarium. Even though the regulation already exists, its implementation is not as expected, especially regarding the minimum honorarium. The violation of the minimum honorarium can occur because of the declining quality of ethics held by Notaries in Indonesia. This happens as if the personal ethics and ethics owned by the Notaries do not work well, then all the rules made by both the law and the Notary Organization will always have a gap so that they can be broken by the Notaries themselves. This study aims to obtain ideal conditions in terms of a Code of Ethics, supervision, sanctions, and ethics with the role of INI as the Notary Organization. The study uses social legal research methods which examine the problem in an interdisciplinary manner, especially with regard to ethical values in the notary professional code of ethics with the reality of Notaries’ behavior in determining notary services in making a deed. The result of this study reveals that the violation of the notary minimum honorarium that occurred so far is caused by not only the unclear notary Code of Ethics in determining arrangements regarding the Notaries’ minimum honorarium, but there are things that further determine the violation of the Notaries’ minimum honorarium, namely personal ethics owned by a Public Notary. Therefore, INI as the Notary Organization must have an active role in creating ideal conditions for the Notaries, so that the violation will not be repeated. This ideal condition can be realized by balancing the rules in the form of Notaries Code of Ethics, supervision, sanctions and personal ethics that can be developed by a Notary organization.