Implementation of The Obligation To Provide Free Notarial Services For Underprivate People In Malang

Arsy Azuhra; Istislam; R. Imam Rahmat Sjafi'i

doi:10.55173/yurisdiksi.v21i4.329

Authors

Arsy Azuhra Faculty of Law, Brawijaya University Malang, Indonesia
Istislam Faculty of Law, Brawijaya University Malang, Indonesia
R. Imam Rahmat Sjafi'i Faculty of Law, Brawijaya University Malang, Indonesia

DOI:

https://doi.org/10.55173/yurisdiksi.v21i4.329

Keywords:

Notary, Free Services, Pro Bono, Law Enforcemenet, Access to Justice

Abstract

The implementation of the obligation to provide free notarial services in Malang City has not been effective as mandated in Article 37 paragraph (1) of Law Number 2 of 2014 concerning the Notary Position (UUJN). The provisions that emphasize the obligation of notaries to provide free legal services to the underprivileged have not been fully implemented due to the absence of implementing regulations governing the mechanism, recipient criteria, and supervision procedures. The results of the study indicate that most notaries only provide pro bono services to clients whose economic conditions are known, so that implementation is subjective, sporadic, and non-standardized. The main obstacles in its implementation are divided into three aspects, namely structural, normative, and sociological. From the structural side, the lack of public knowledge and the absence of technical guidelines are the main obstacles. From the normative aspect, there is no clear definition regarding the criteria for "underprivileged people" and the types of deeds included in the obligation for free services. Meanwhile, from the sociological aspect, the low level of social awareness and professionalism of notaries also worsens the effectiveness of implementation. This disharmony between legal ideals and empirical reality hinders the realization of the principles of certainty, benefit, and justice in notarial services. Therefore, comprehensive implementing regulations are needed from the Ministry of Law and Human Rights and the Indonesian Notaries Association to ensure the effective, accountable, and equitable implementation of pro bono notarial obligations across the region.

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