PENJATUHAN PIDANA TERHADAP NOTARIS TURUT SERTA TINDAK PIDANA KORUPSI

Abstract

A notary is a public official authorized by the state to produce authentic deeds  that possess perfect evidentiary power in law. In carrying out their duties, a
notary is expected to act honestly, independently, and in accordance with the  provisions of laws and regulations, particularly the Law on Notary Position and
the professional code of ethics. However, in practice, there are still notaries who  become involved in corruption offenses, either as perpetrators or by participating
in or assisting the commission of such crimes. This situation reflects a gap  between the legal norms governing the professionalism of notaries and the reality
in practice, where misuse of authority can still be found. The problems examined  in this research are: (1) how the criminal liability of notaries is determined in
cases of corruption offenses; and (2) how judges consider the imposition of  criminal sanctions against notaries involved in corruption crimes.  This research employs a normative legal research method with statutory and  conceptual approaches. The data used in this research consist of secondary data
collected through library research and analyzed qualitatively.  The results of the study indicate that notaries may be held criminally liable if they
are proven to fulfill the elements of corruption offenses as regulated in the  Criminal Code and the Law on the Eradication of Corruption Crimes, whether as  the main perpetrator, participant, or accomplice. Judicial considerations in  imposing sanctions are based on the level of involvement, the form of fault,  motives, and the legal consequences arising from the act, while still taking into  account the principles of justice, proportionality, and legal certainty. In addition  to criminal sanctions, notaries may also be subject to administrative sanctions as  well as professional code of ethics sanctions.