scholarly journals Role of Notary in Abroad and Indonesia

Jurnal Akta ◽  
2020 ◽  
Vol 7 (4) ◽  
pp. 343
Author(s):  
Haingo Rabanirajona
Keyword(s):  
Professional Education ◽  
Professional Ethics ◽  
Code Of Ethics ◽  
Human Life ◽  
Moral Principle ◽  
Public Official ◽  
Ethical Values ◽  
Professional Code ◽  
Notary Public

One of the important professions in society is notary. This profession is a special profession because it is a public official in carrying out its duties which is bound by juridical norms and professional code of ethics. The notary code of ethics becomes a moral principle determined by the Indonesian Notary Association (INI) which is the basis for organizing or regulating the notary professional code of ethics in relation to many parties, which of course must be obeyed or obeyed by every member who is bound or binds himself/herself in the association (organization) that. The consequences as a member of this profession must be understood by a notary, because sourced from here, the dignity of the profession can be maintained. The position of the Notary which is urgent in human life makes the process of someone who wants to become an expert notary public important. Therefore, in notarial education, notary ethics should also be considered. So in this case it is emphasized that a professional education without education on responsibility and professional ethics is not complete. In the field of law, technical skills that ignore aspects relating to the responsibilities entrusted to him and his profession in general, as well as ethical values and measurements that must serve as guidelines in carrying out his profession.

scholarly journals Legal Review Of Malpractice Notary In The Notary’s Deed

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 647
Author(s):  
Enriko Silalahi ◽  
Akhmad Khisni
Keyword(s):  
Code Of Ethics ◽  
Supervisory Board ◽  
Secondary Data ◽  
Primary Data ◽  
Public Official ◽  
Criminal Offense ◽  
Library Studies ◽  
Notary Public ◽  
Administrative Sanction

Article 84 and Article 85 of Law No. 2 year 2014 on the amendments to the Act No. 30 year 2004 concerning Notary Public Official, when a Notary in performs his official duties and is proven to have committed a violation, the Notary may be subjected or sanctioned. The sanction is in the form of civil sanction, administration, and code of ethics of Notary. Besides, if a Notary commits a criminal offense, a criminal sanction may be imposed to him.The purpose of the research was to find out the malpractice of the Notary in the Notary deed, and to find out the role of the Regional Supervisory Board (MPD) in supervising Notaries who carry out malpractice actions.This study used a juridical-normative approach derived from the collection of primary data and secondary data, then they were analyzed by qualitative analysis methods. Data collection techniques used was library studies with qualitative data analysis.The result of the research showed that UUJN does not mention the existence of sanction punishment but a legal action against the violation done by Notary. It invites elements of forgery over intent/negligence in making authentic letter/deed which contains false facts. After administrative sanction/professional code of ethics Notary and civil sanctions, as well as qualified are as a criminal act committed by a Notary. If the notary is proven to have been involved in intentionally committing a crime of forgery of an authentic deed the sanction will be given to him/her.Suggestion to lawmakers to anticipate the different interpretations of the law can be done quickly, so that malpractice Notary will never occur again.Keywords: Sanctions; Notary; Malpractice; Accountability

scholarly journals The Notary Authority in Resolving Land Disputes with Deed of Peace

2019 ◽  
Vol 6 (5) ◽  
pp. 219
Author(s):  
Anggun Kemala Putri ◽  
Yuslim Yuslim ◽  
Suharizal Suharizal
Keyword(s):  
Human Life ◽  
Field Studies ◽  
Primary Data ◽  
Public Official ◽  
Legal Certainty ◽  
Human Needs ◽  
Land Disputes ◽  
Notary Public ◽  
Ownership Of Land

Disputes that often occur are usually related to ownership of land, this is because of the important role of land in human life, so that land becomes an object that is prone to disputes or disputes between people, this occurs because human needs for land are increasing, but the land supply is relatively fixed. Notary  as a public official trusted by the community to resolve land disputes through a peace deed made by a notary to ensure legality. The method used is empirical juridical research. Research data were collected through field studies through interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus in this research is to find out and analyze the authority of a notary public in resolving land disputes with a deed of peace. The results showed that 1) Notary was authorized to make a peace deed to guarantee legal certainty for the parties to settle land disputes in accordance with article 15 Paragraph (2) letter f of the UUJN and 2) The peace deed drawn up by a Notary Public is an Authentic Deed but not final binding like a van dading deed decided from the results of mediation in court.

scholarly journals PROFESSIONAL ETHICS AND LEGAL PROTECTION FOR NOTARY

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Soegianto Soegianto
Keyword(s):  
Public Interest ◽  
Professional Ethics ◽  
Legal Protection ◽  
Public Official ◽  
Ethical Values ◽  
Human Beings ◽  
The Public ◽  
Ethics Code ◽  
Notary Public ◽  
General Regulation

Notary is a profession that is authorized to make authentic deeds about all deeds, agreements and stipulations required by a general regulation or by the interested parties to be stated in an authentic deed, guarantee the certainty of the date, keep the deed and give the grosse, copies and quotations. Basing on the moral and ethical values of the Notary, carrying out the position of the Notary Public is a service to the community (client) independently and not taking sides in the field of notary, whose service is lived as a vocation based on the spirit of devotion to fellow human beings for the public interest and rooted in respect for dignity humans in general and notary dignity in general. In exercising its authority as a Public Official who makes an authentic deed, the Notary Public must uphold the Notary Ethics Code and be protected by Act Number 2 of 2014 amending the Law Number 30 of 2004 concerning the Position of Notary.

scholarly journals Accountability in the Public Sector: The Role of Professional Accountants in the Present Democracy in Nigeria

2020 ◽  
Vol 5 (1) ◽  
Author(s):  
Raphael S. Etim ◽  
Mfon S. Jeremiah ◽  
Ofonime O. Jeremiah
Keyword(s):  
Public Sector ◽  
Essential Role ◽  
Code Of Ethics ◽  
Professional Code ◽  
Strict Adherence ◽  
The Public ◽  
The Many

The main objective of this paper is to highlight the essential role of professional accountants in enhancing public sector accountability in the present democratic era. The spate of public sector unaccountability scandals in the present democratic era in Nigeria evidently engenders the quest for proper accountability in the public sector. The paper begins with a conceptualization of accountability from the public sector perspective. It also attempts to cursorily highlight the nexus between public sector governance and accountability, before examining the issues currently undermining public sector accountability in Nigeria. It ends by pointing out the ways in which professional accountants can contribute to public sector accountability in Nigeria. In line with the many issues articulated in this paper, it is believed that a sense of value reorientation and strict adherence to professional code of ethics by professional accountants, among others, would reposition professional accountants to effectively contribute to public sector accountability in Nigeria.

scholarly journals Peran Notaris Dalam Transaksi Pengadaan Tanah Untuk Lokasi Pembangunan Komplek Perkantoran Pemerintah Kabupaten Sekadau

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 234
Author(s):  
Mochamad Elmo Sidiq ◽  
Amin Purnawan
Keyword(s):  
Government Regulation ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Land Rights ◽  
Primary Data ◽  
Regional Government ◽  
Legal Basis ◽  
Development Site ◽  
Notary Public

ABSTRAKProblematik penelitian ini adalah : Apa dasar hukum  Peran Notaris dalam Transaksi Pengadaan Tanah Untuk Lokasi Pembangunan Komplek Perkantoran Pemerintah Kabupaten Sekadau? apa peran Notaris  Dalam Transaksi Pengadaan Tanah Untuk Lokasi Pembangunan Komplek Perkantoran Pemerintah Kabupaten Sekadau? dan apa akibat hambatan hukum atas Peran Notaris dalam Transaksi Pengadaan Tanah Untuk Lokasi Pembangunan Komplek Perkantoran Pemerintah Kabupaten Sekadau?Penelitian ini adalah dengan pendekatan yuridis-empiris yang bersumber dari pengumpulan data yang diperoleh dari data primer dan data sekunder, kemudian dianalisis dengan metode analisis kualitatif. Teknik pengumpulan data yang digunakan adalah teknik wawancara. Teknik analisis data menggunakan analisis data kualitatif.Hasil temuan peneliti menunjukkan bahwa Dasar hukum Notaris dan/atau PPAT dalam pertanahan, didasarkan pada Undang-Undang Nomor 30 Tahun 2004 tentang Jabatan Notaris dan Peraturan Kepala Badan Pertanahan Nasional Republik Indonesia Nomor : 1 Tahun 2006 tentang Ketentuan Pelaksanaan Peraturan Pemerintah Nomor : 37 Tahun 1998 tentang Peraturan Jabatan Pejabat Pembuatan Akta Tanah. Keputusan Presiden Nomor 55 Tahun 1993 maupun Peraturan Presiden Nomor 65 Tahun 2006, peralihan hak atas tanah tersebut dapat dilakukan melalui/dihadapan Notaris dan/atau PPAT. Peran nyata keterlibatan notaris dalam pembangunan komplek kantor Pemerintah Kabupaten Sekadau adalah pembuatan Akta Notaris Nomor 9 tanggal 06 Juli 2005 tentang Surat Perjanjian Pelepasan Hak atas Tanah di antara PT Sinar Bintang Sakti dan Pemda Kabupaten Sekadau dan Pembuatan Akta Notaris No. 10 tanggal 06 Juli 2005 tentang surat Pengakuan hutang yang pada pokoknya Pemkab Sekadau mengakui mempunyai hutang kepada CHAN INDRA, dengan jaminan tanah yang telah diterima pelepasan hak atas tanah dari CHAN INDRA selaku Direktur PT. Sinar Bintang Sakti. Perdebatan Notaris berwenang untuk membuat akta yang berkaitan dengan akta-akta pertanahan mengakibatkan keraguan mengenai keabsahan terhadap akta notaris yang terdapat dalam proyek pembangunan perkantoran di Pemerintah Kabupaten Sekadau.Kata Kunci : Notaris, Pengadaan Tanah, Kabupaten Sekadau. ABSTRACTIn relation to the authority of Notary, as mentioned in UUJN Number 30 Year2004 jo Law Number 2 Year 2014, Article 15 paragraph (2) letter (f), that Notary has authority to make deed related to land.The problematic of this research is: What is the legal basis of Notary's Role in Transaction of Land Procurement For Development Site of Sekadau Regency Government Complex  what is the role of Notary In Transaction of Land Procurement For Development Site of Sekadau Regency Government Complex ?; and what are the consequences of the legal barrier to the Notary's Role in the Land Acquisition Transaction for the Location of the Sekadau Regency Government Complex ?This research is with juridical-empirical approach that comes from collecting data obtained from primary data and secondary data, then analyzed by qualitative analysis method. Data collection techniques used are interview techniques. Data analysis techniques used qualitative data analysis.The findings of the researcher indicate that the legal basis of Notary and / or PPAT in the land is based on Law Number 30 Year 2004 regarding Notary Position and Regulation of the Head of National Land Agency Number 1 Year 2006 regarding Provisions on Implementation of Government Regulation Number 37 Year 1998 on the Regulation of Officials of the Establishment of Deed of Land. Presidential Decree No. 55/1993 and Presidential Regulation No. 65/2006, the transfer of land rights can be done through / in the presence of a Notary and / or PPAT. The real role of notary involvement in the construction of the Sekadau District Government office complex is the making of Notarial Deed No. 9 dated July 6, 2005 concerning Letter of Agreement on the Release of Land Rights between PT Sinar Bintang Sakti and the Regional Government of Sekadau Regency and the Notarial Deed. 10 dated July 6, 2005, concerning letters of recognition of debt principally Pemkab Sekadau acknowledged to have a debt to CHAN INDRA, with guaranteed land that has been received the release of land rights from CHAN INDRA as Director of PT. Sinar Bintang Sakti. The debate of a Notary is authorized to make deeds relating to land deeds lead to doubts about the validity of the notarial deed contained in office building projects in the Sekadau District Government.Suggestions to lawmakers to anticipate differences in legal interpretation in the future, it is recommended that both Law No. 30 of 2004 in conjunction with Law Number 2 Year 2014 on UUJN and the Notary Profession Code of Ethics, to strengthen the explanation of legislation has been compiled.Keywords : Notary Public, Land Procurement, Sekadau District.

scholarly journals Islamic Justice Perspective On Notary The Perpetrators Criminal Action

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 93
Author(s):  
Ira Alia Maerani
Keyword(s):  
Islamic Law ◽  
Code Of Ethics ◽  
Public Official ◽  
Legal Principles ◽  
Islamic Perspective ◽  
Criminal Sanctions ◽  
The Law ◽  
Notary Public ◽  
The Republic ◽  
The Government

This study aims to find out to know the form of violations and witnesses to the notary position based on Law No. 2 of 2014 concerning the Position of Notary and the perspective of Islamic justice in viewing a notary who is indicated to have committed a crime in connection with an authentic deed he made.            This research uses normative law research or dogmatic law research using the doctrinal method. Normative legal research includes research on legal principles, research on legal systematics, research on vertical and horizontal synchronization stages, comparison of law and legal history.            This research concludes that the notary public is a public official who makes an authentic deed and has the authority as regulated in Article 15,16, 17 of Law No. 2 of 2014 concerning the Position of Notary Public. The notary is obliged to act on trust; honest; independent; objective and safeguard the interests of parties involved in legal actions. Notaries in carrying out their duties and positions if convicted of violations, may be subject to sanctions or sanctions in the form of civil, administrative, and notary code of ethics in accordance with Law of the Republic of Indonesia Number 2 of 2014 concerning Notary Positions. Even so, the Notary Position Law does not regulate criminal sanctions against Notaries. Whereas in practice there is an opportunity for a legal action or violation by a notary related to an authentic deed he made that can be qualified as a criminal offense. A notary who is indicated to have committed a crime in carrying out his authority as a Public Official, of course, must be a concern of the government and law enforcement because the law must be upheld against anyone who commits indiscriminate violations. This rule is a manifestation of the principle of "equality before the law" (equality before the law) which is a fundamental element in the concept of the rule of law. Honesty values; keep the mandate; fair; and this objective is synergistic with the values of justice in an Islamic perspective that promotes justice and problems. Described in the Qur'an An-Nisa verses 58 and 135 and QS. Al Ma'idah verse 8. Islamic law also regulates justice in recording a deed, for example just in recording accounts receivable debts (Q.S. Al Baqoroh: 282)Keywords: Islamic Perspective; Justice; Notary Public; Perpetrators; Criminal Act

scholarly journals A Conceptual Framework for Teacher Counselors in Colleges

2021 ◽  
Vol 9 (2) ◽  
pp. 157-161
Author(s):  
Jeena Madhavan
Keyword(s):  
Mental Health ◽  
Conceptual Framework ◽  
Training Programs ◽  
Code Of Ethics ◽  
Daily Life ◽  
Professional Code ◽  
Adolescent Group ◽  
Trained Counsellor ◽  
Present Mode

Working with a counsellor helps the student solve a variety of issues that they confront in their daily life, as the sessions in counselling are provided by trained professionals. In the absence of a trained counsellor, a teacher who has received training and practice in the relevant area can play the role of a teacher counsellor. The teacher herself has to undergo a phase of transition from teacher to teacher counsellor. Due to this pandemic situation, life has changed a lot. Researches done in this area shows that the mental health of the adolescent group is largely affected by COVID 19. Even if the present mode of education is online, a teacher counsellor can help a student if she is equipped with the various strategies followed in counselling. The skills which are required in the field of counselling can be achieved by attending courses as well as training programs conducted by universities, government, non-governmental organisations, or institutions. This enables a teacher counsellor to get equipped with the basic skills required for counselling. Also, at the same time, she should be aware of the professional code of ethics in the process of counselling. When the teacher counsellor passes through the transition from teacher to teacher counsellor, she should possess the capacity to understand the student’s needs and also be capable of maintaining a good rapport and relationship with the student. In this way, both the teacher counsellor and the student can work together to achieve the goals for change.

scholarly journals Connections between Ethical Values, the Meaning of Human Life, and Human Communities, according to Vasile Goldiș

2017 ◽  
Vol 19 (33) ◽  
pp. 65-74
Author(s):  
Marţian Iovan
Keyword(s):  
International Relations ◽  
Human Life ◽  
Human Values ◽  
Moral Order ◽  
Political Elites ◽  
Ethical Values ◽  
Relevant Today ◽  
Community Solidarity ◽  
Administrative Elites

Abstract The author presents the views held by Vasile Goldiș – Transylvanian scholar, politician, and one of the masterminds of the Great Union of 1 December 1918 – regarding the role of universal human values in guiding individuals and human communities. Together with other Christian values, ethics guides individuals, communities, political and administrative elites, churches, and academia. This results in greater justice, community solidarity and cohesion, and a greater ability for society to shape and promote its internal moral order. Considering the diversity of moral profiles found among various nations, ethnicities and political elites, Goldiș highlights their common grounds – which facilitates a new moral order in inter-human, inter-community and international relations. The ethical testament promoted by Goldiș in his writings and throughout his life is still relevant today, and it also holds true for the next generations.

scholarly journals Assorted Facets of Ethics for Successful Business

2009 ◽  
Vol 8 (2) ◽  
pp. 1-8
Author(s):  
Anitha H.S ◽  
Kavitha S.
Keyword(s):  
Human Resource ◽  
Professional Ethics ◽  
Code Of Ethics ◽  
Code Of Conduct ◽  
Competitive Market ◽  
Ethical Standards ◽  
Ethical Values ◽  
Long Period ◽  
Corporate Ethical Values ◽  
Successful Business

Ethics is a pedestal for any business to get good name and fame to endure for a long period in the competitive market. Code of ethics differs from one business to another, depending upon nature of the business. But for every business it is crucial and indispensable to follow ethical measures in its day to day business to enhance corporate ethical values to uplift or to promote ethical standards in an organization by bringing professional ethics and responsibilities among human resource of the company. Nowadays all the companies have made it mandatory to educate about ethics. Beyond that, they have started to practice it. As soon as an employee gets inducted to the company, a copy of the code of conduct will be given to him to understand the ethical values of the company and to follow it up.  

scholarly journals Pengaruh Penerapan Studi Kasus terhadap Pengetahuan Pelanggaran Kode Etik Profesi Bidang IT bagi Mahasiswa Otomasi Sistem Permesinan

2018 ◽  
Vol 4 (2) ◽  
pp. 156
Author(s):  
Nur Asmi Rahmawati
Keyword(s):  
Case Studies ◽  
Professional Ethics ◽  
Research Method ◽  
Code Of Ethics ◽  
Mechanical Systems ◽  
Case Study Method ◽  
Professional Code ◽  
Ethics Courses

This study was conducted to determine the effect of the application of case studies on knowledge of violations of the professional code of ethics in the IT field for students majoring in Mechanical Systems Automation. The research method used was an experiment with the design of "one shot case study". The study was conducted on students who program Professional Ethics courses majoring in Mechanical Systems Automation.  The results of this study indicate that the value of students after doing a case study has increased. This shows that the case study method in this learning is appropriate to use.

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