PERAN SERTA NOTARIS DALAM MENJALANKAN TANGGUNG JAWAB GUNA PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG

Abstract

Notaries in carrying out their duties and positions must always be guided by the Law on Notary Positions (UUJN). In UUJN, a notary is required to keep secret everything regarding the deed he made and all information obtained for making the deed in accordance with the oath of office, unless the law determines otherwise. The obligation of a notary to report suspicious transactions is contained in PP No. 43 of 2015 concerning Reporting Parties in the Prevention and Eradication of ML, not regulated by law. Based on this description, this study intends to examine: first, whether the mention of a notary in PP does not violate the principle of limited confidentiality; and secondly, is the mention of a notary in the PP not detrimental to the notary. This research is a normative legal research with qualitative descriptive analysis. The results of the study concluded that the obligation of a notary to report suspicious transactions caused debate among notaries and the Financial Transaction Reports and Analysis Center (PPATK). In theory, this obligation violates the principle of limited confidentiality, but if one looks at it in the law on money laundering, the provision for confidentiality can be waived. This obligation does not cause harm to the notary because the notary as a witness and the reporting party is given protection by the state as stipulated in the Law on money laundering.