Effectiveness of the Implementation of the Notary Code of Ethics Regarding the Prohibition of Cooperating with Service Bureaus in Finding Clients in Kendari City

Abstract

Abstract. As a professional position that provides services to the community, Notaries are required to comply with all aspects regulated in the UUJN and the Notary Code of Ethics. The increasingly rapid dynamics of globalization have led to the proliferation of service bureaus that focus on assisting in the preparation of notarial deeds, aggressively offering their services to the community. This certainly has the potential to create a cooperative relationship between Notaries and service bureaus in finding clients, which is prohibited by the Indonesian Notary Association through the norms contained in the Notary Code of Ethics. Violations and non-compliance by notaries can be tested based on the effectiveness of the role and function of the notary code of ethics, obstacles and constraints, and enforcement and sanctions for notaries who violate the provisions prohibiting cooperation with service bureaus in finding clients. This study uses empirical legal research with a structural approach and Analysis of Law. The study was conducted using a data collection method through interviews with the Chairperson of the Regional Board of the Indonesian Notary Association of Kendari City, the Regional Honorary Council of the Indonesian Notary Association of Kendari City, and notaries in Kendari City. Data analysis was conducted prescriptively, to provide arguments for the research results that have been achieved. The results of the research and interviews stated that the role and function of the code of ethics for notaries regarding the prohibition of collaborating with service bureaus in finding clients, namely; maintaining integrity and professionalism; protecting the interests of related parties; ensuring quality of service; overcoming conflicts of interest; regulating relations with fellow notaries and preventing abuse of office. From the results of the interviews and the approach to the study of the theory of the effectiveness of law enforcement, it can be concluded that the obstacles and constraints in enforcing the code of ethics; the passive role of the Regional Honorary Council, the need for observation and supervision of service bureaus by the Indonesian Notary Association, solidarity and emotional closeness in taking action and enforcement, limited and weak sanctions and lack of understanding and awareness of the code of ethics. Enforcement and sanctions given to notaries who are proven to have violated the code of ethics by collaborating with service bureaus can be subject to sanctions in the form of reprimands and warnings according to the quality and quantity of violations committed.

Keywords: Notary Code of Ethics; Service Bureau; Violations.