Problems of the Obligation to Keep Information Confidential in Making a Notarial Deed with the Principle of Recognizing Notary Service Users

DOI

10.2991/978-2-494069-93-0_80How to use a DOI?

Keywords

Confidential Information Obligation; Deed; Notary

Abstract

Even though part of the material is not the notary's signature appears in the deed. Required to preserve everything relevant to the deed they produced and what was communicated to them as a notary confidential. The Notary is not permitted to share what their client has informed them as a notary while they are speaking with a client about the creation of a deed. In accordance with the Law on Notary Positions, how is the requirement for notaries to keep the full contents of the deed they created private balanced against the duty to report suspicious transactions that occurred before them? How does the fact that Peremenkumham Number 9 of 2017 exists affect the idea of recognizing notary service customers in respect to the secrecy of the notarial act? Notaries must uphold the idea that service recipients are one of the reporters in accordance with Whistleblowers in the Government Regulation Number 43 of 2015: Money Laundering Prevention and Eradication (PPTPPU). After taking this into account, Regulation Number 9 of 2017 about the Application of the Principle of Recognizing Service Users for Notaries was published by the Indonesian Minister of Law and Human Rights. There are problems with Article 17 paragraph 1 of Law Number 8 of 2010 regarding PPTPPU since Notaries and land deed authorities (PPAT) are not categorized as reporting parties as required by Article 17 paragraph 1 of the PPTPPU Law. Therefore, there is no legal obligation for Notaries and/or land deed officials to report suspicious transactions made by Notaries and/or land deed officials of the parties if land deed officials and members of the notarial profession are not categorized as reporters in combating the practice of money laundering. As a result of the exclusion of the Notary profession as a reporter for suspicious transactions, criminals use the services of a Notary and land deed officials to help hide and disguise assets derived from the proceeds of a crime.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Ni Komang Arini Styawati
AU  - I Nyoman Sumardika
AU  - Ni Made Puspasutari Ujianti
PY  - 2023
DA  - 2023/01/25
TI  - Problems of the Obligation to Keep Information Confidential in Making a Notarial Deed with the Principle of Recognizing Notary Service Users
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 678
EP  - 688
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_80
DO  - 10.2991/978-2-494069-93-0_80
ID  - Styawati2023
ER  -