Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia

Research Article

Juridical Analysis of Law of Notary Position and The Notary Code of Conduct Related to Agreements Cooperation Between Banks and Notaries

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  • @INPROCEEDINGS{10.4108/eai.16-4-2022.2320031,
        author={Dany  Rimawan and Faisal  Santiago},
        title={Juridical Analysis of Law of Notary Position and The Notary Code of Conduct Related to Agreements Cooperation Between Banks and Notaries},
        proceedings={Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2022},
        month={8},
        keywords={cooperation agreement; bank; notary},
        doi={10.4108/eai.16-4-2022.2320031}
    }
    
  • Dany Rimawan
    Faisal Santiago
    Year: 2022
    Juridical Analysis of Law of Notary Position and The Notary Code of Conduct Related to Agreements Cooperation Between Banks and Notaries
    ICLSSEE
    EAI
    DOI: 10.4108/eai.16-4-2022.2320031
Dany Rimawan1,*, Faisal Santiago1
  • 1: Universitas Borobudur, Jakarta, Indonesia
*Contact email: danyrimawan@gmail.com

Abstract

This study aims to study and find out the validity of the cooperation agreement between a bank and a notary and examine and find out the legal consequences for a notary who enters into a cooperation agreement with a bank. The results of the study show that the cooperation agreement between a notary and a bank makes a notary not independent and tends to side with the bank, and harms the customer as another party whose interests must also be protected by the notary, because in carrying out his position the notary must be impartial, independent, and protect the interests of every person. The side was facing him. The Notary Position Act and the Notary Code of Ethics affect the validity of the cooperation agreement, resulting in a null and void of the cooperation agreement. This has legal consequences for the notary who enters into the cooperation agreement. According to the Law, administrative sanctions can be given in verbal warnings, written warnings, respectful dismissal, and even dishonorable discharge for a notary.