The Effectiveness of The Supervision By The Regional Supervisory Council Over Notaries Based On Article 67 Paragraph (5) of The Notary Office Act

Intan Nirmala Ramadhani; Hanif Nur Widhiyanti; Diah Aju Wisnuwardhani

doi:10.55173/yurisdiksi.v21i2.303

Authors

Intan Nirmala Ramadhani Faculty of Law, Brawijaya University Malang, Indonesia
Hanif Nur Widhiyanti Faculty of Law, Brawijaya University Malang, Indonesia
Diah Aju Wisnuwardhani Faculty of Law, Brawijaya University Malang, Indonesia

DOI:

https://doi.org/10.55173/yurisdiksi.v21i2.303

Abstract

This study examines the effectiveness of supervision by the Malang Raya Regional Supervisory Council (MPD) on the behavior and implementation of notary positions based on Article 67 paragraph (5) of the Notary Position Law. The background of the study is that there are still notaries who do not carry out their duties according to the provisions, so that effective supervision is important. The study uses an empirical method (sociolegal) with a legal and conceptual sociology approach, through interviews, observations, and literature studies. The results of the study indicate that supervision by the MPD is normatively in accordance with the rules, but in practice it is not optimal. Limited intensity, the absence of supervisory mechanisms at times, and a focus more on administrative aspects than professional ethics make the effectiveness of supervision low. The main obstacles include the lack of MPD members, the absence of firm sanctions, and low awareness of notaries. As a result, supervision does not fully reflect the principles of accountability, transparency, and the function of professional development. The study concludes that institutional strengthening, consistent enforcement of sanctions, and ethical development are needed to improve notary professionalism.

References

Abdulkadir Muhammad (2020), Legal Professional Ethics, PT. Citra Aditya Bakti, Bandung.

Al Faruque, A. (2021). An Empirical Study on Unethical Legal Practices in Bangladesh and Suggested Remedial Measures. Dhaka Univ. LJ, 32, 87.

Ananda, R., Rohaini, R., Nurhasanah, S., & Sunaryo, S. (2022). The Role of The Notary Regional Supervisory Board in Responding to Violations of Notary Duties and Positions. Indonesia Private Law Review, 3(2), 97–106.

Lahay, R. C. P., Kasim, N. M., & Mandjo, J. (2020). Study On The Effectiveness Of Supervision And Council By Regional Supervisory Assembly Against Notaries In Gorontalo District. Estudiante Law Journal, 2(3), 588–602.

Mufti Khakim (2017), Law Enforcement and Implementation of Article 27 paragraph (1) of the 1945 Constitution concerning Equality Before the Law, Proceedings of the 3rd National Conference on Citizenship, Yogyakarta, 2017

Putra, P. O. H., Muda, I., Bakry, M. R., Yusuf, C., & Santosa, I. (2025). A Framework for Integrated E-notary Services Based on Blockchain for Civil Law Notaries: The Case of Indonesia. JOIV: International Journal on Informatics Visualization, 9(1), 153–162.

Setyawati, S., & Sidik, F. (n.d.). Legal Protection Against Substitute Notary in Semarang Based on Act No. 2 of 2014 Amendment Act No. 30 of 2004 concerning Notary. Jurnal Akta, 7(2), 446824.

Soetopo, H. (2024). The Role and Responsibilities of Notaries as Members of the Notary Supervisory Council According to Law No. 30/2004. UNES Law Review, 6(4), 11145–11154.

Soerjono Soekanto (2008), Factors Influencing Law Enforcement, PT. Raja Grafindo Persada, Jakarta.

Tasruddin, A. M., Khisni, A., & Chalim, M. A. (n.d.). Supervision and Guidance Implementation on Notaries by Regional Supervisory Council & Legal Consequences. Sultan Agung Notary Law Review, 3(3), 884–892.

Verboven, F., & Yontcheva, B. (2024). Private Monopoly and Restricted Entry—Evidence from the Notary Profession. Journal of Political Economy, 132(11), 3658–3707.