Juridical Analysis Of The Imposition Of Honorarum Over Notary Services In The City Of Medan
Introduction
The notary position plays a crucial role in the legal system of Indonesia, providing trusted and legal services to the community. As a public official, notaries do not receive a salary from the government but have the right to attract honorarium for their services. The honorarium is regulated in Law Number 2 of 2014, which is a change of Law Number 30 of 2004 concerning Notary Position, as well as in the notary code of ethics. This article aims to provide a juridical analysis of the imposition of honorarium for notary services in the city of Medan, highlighting the importance of regulation in maintaining the professionalism of notaries.
The Importance of Notary Honorarium Regulation
The regulation of notary honorarium is crucial in maintaining the professionalism of notaries. On the one hand, the regulated honorarium can be a minimum standard benchmark that avoids unfair competition between notaries. It also aims to prevent violations of the law, ensuring that each notary gets justice in receiving their services. The regulation of honorarium can also ensure that notaries provide quality services to the community, as they are motivated by the honorarium they receive.
The Application of Notary Honorarium in Indonesia
The application of notary honorarium in Indonesia refers to relevant laws and regulations, such as Articles 36 and 37 of Law No. 30 of 2004. However, in reality, the implementation of honorarium in each work area, including in the city of Medan, is often not in accordance with applicable regulations. The causes vary, ranging from market conditions, competition between notaries, to the economic value of the services provided. This creates uncertainty about the value of services received by the community, on the one hand giving freedom to the notary, but on the other hand it also has the potential to create confusion and injustice.
Sociological Research Methodology
This study uses sociological research (empirical) conducted by analytical descriptive methods. Data collection is carried out through interviews and library research. The results showed that the honorarium received by the notary in Medan varies and is often determined based on factors such as client requests, social background, and notary personal experience. This creates uncertainty about the value of services received by the community, on the one hand giving freedom to the notary, but on the other hand it also has the potential to create confusion and injustice.
The Need for Regulation Revision
Based on the results of this study, there is an urgent need to revise the regulations regarding the notary position, especially regarding the honorarium. A more detailed and responsive regulation on the times will help create legal certainty and prevent violations that harm all parties. Thus, the presence of a notary as a professional and trusted legal profession can be maintained, while still meeting the needs of the community for quality legal services.
Conclusion
In conclusion, the regulation of notary honorarium is crucial in maintaining the professionalism of notaries. The application of notary honorarium in Indonesia is often not in accordance with applicable regulations, creating uncertainty about the value of services received by the community. This study highlights the need for regulation revision to create legal certainty and prevent violations that harm all parties. By understanding this juridical context, it is hoped that the reader can better appreciate the important role of the notary in the legal system and legal certainty in Indonesia, as well as understanding the complexity that exists in the regulation of the notary service honorarium.
Recommendations
Based on the findings of this study, the following recommendations are made:
- Revision of Notary Honorarium Regulations: The regulations regarding notary honorarium should be revised to create a more detailed and responsive regulation on the times.
- Establishment of Minimum Standard Benchmark: A minimum standard benchmark for notary honorarium should be established to avoid unfair competition between notaries.
- Creation of Legal Certainty: Legal certainty should be created to prevent violations that harm all parties.
- Training and Education: Notaries should receive training and education on the importance of regulation and the need for quality services.
Limitations of the Study
This study has several limitations, including:
- Limited Scope: The study only focuses on the city of Medan and may not be generalizable to other areas.
- Limited Data: The study relies on limited data from interviews and library research.
- Limited Timeframe: The study only examines the current situation and may not consider future developments.
Future Research Directions
Future research directions include:
- Comparative Study: A comparative study of notary honorarium regulations in different countries or regions.
- Longitudinal Study: A longitudinal study to examine the impact of regulation revision on notary honorarium.
- Qualitative Study: A qualitative study to examine the experiences and perceptions of notaries and clients regarding notary honorarium.
Conclusion
In conclusion, this study highlights the importance of regulation in maintaining the professionalism of notaries. The application of notary honorarium in Indonesia is often not in accordance with applicable regulations, creating uncertainty about the value of services received by the community. This study recommends the revision of notary honorarium regulations, establishment of a minimum standard benchmark, creation of legal certainty, and training and education for notaries. Future research directions include comparative studies, longitudinal studies, and qualitative studies.
Q: What is notary honorarium?
A: Notary honorarium is the fee or payment received by a notary for their services. Notaries do not receive a salary from the government, but they have the right to attract honorarium for their services.
Q: Why is notary honorarium important?
A: Notary honorarium is important because it helps to maintain the professionalism of notaries. A regulated honorarium can be a minimum standard benchmark that avoids unfair competition between notaries and ensures that each notary gets justice in receiving their services.
Q: How is notary honorarium regulated in Indonesia?
A: Notary honorarium is regulated in Indonesia through Law Number 2 of 2014, which is a change of Law Number 30 of 2004 concerning Notary Position. The regulation is also guided by the notary code of ethics.
Q: What are the factors that determine notary honorarium in Medan?
A: The factors that determine notary honorarium in Medan include client requests, social background, and notary personal experience. This creates uncertainty about the value of services received by the community.
Q: Why is there a need to revise the regulations regarding notary honorarium?
A: There is a need to revise the regulations regarding notary honorarium because the current regulations are often not in accordance with applicable regulations. This creates uncertainty about the value of services received by the community and has the potential to create confusion and injustice.
Q: What are the benefits of revising the regulations regarding notary honorarium?
A: The benefits of revising the regulations regarding notary honorarium include creating legal certainty, preventing violations that harm all parties, and maintaining the professionalism of notaries.
Q: How can notaries ensure that they receive fair and just honorarium?
A: Notaries can ensure that they receive fair and just honorarium by following the regulations, being transparent about their fees, and providing quality services to the community.
Q: What is the role of the government in regulating notary honorarium?
A: The government plays a crucial role in regulating notary honorarium by establishing and enforcing regulations, providing training and education for notaries, and ensuring that notaries provide quality services to the community.
Q: How can the community ensure that they receive quality services from notaries?
A: The community can ensure that they receive quality services from notaries by being aware of the regulations, checking the qualifications and experience of notaries, and providing feedback to notaries about their services.
Q: What are the consequences of notary honorarium being unregulated?
A: The consequences of notary honorarium being unregulated include unfair competition between notaries, confusion and injustice for the community, and a lack of legal certainty.
Q: How can notaries and the community work together to ensure that notary honorarium is regulated fairly and justly?
A: Notaries and the community can work together to ensure that notary honorarium is regulated fairly and justly by following the regulations, being transparent about fees, and providing quality services to the community.
Q: What is the future of notary honorarium in Medan?
A: The future of notary honorarium in Medan is uncertain, but it is hoped that the regulations will be revised to create a more detailed and responsive regulation on the times, ensuring that notaries provide quality services to the community and that the community receives fair and just honorarium.