Sanctions for Dismissing the Position of a Notary: Comparative Study in Indonesia and South Korea

Abstract

This research aims to analyze the considerations of the Notary Supervisory Council in imposing sanctions for dismissing a notary's position in Indonesia compared with South Korea, to analyze law enforcement and ethics in the process of rejecting a notary's position, and to analyze the similarities and differences in sanctions for dismissing a notary's position. The type of legal research used in this research is normative legal research. The considerations of the Central Supervisory Council in Indonesia and the Notary Disciplinary Committee in South Korea in imposing sanctions for dismissing Notaries in their respective countries have similarities, namely that the Central Supervisory Council and the Notary Disciplinary Committee both have the freedom to impose sanctions on Notaries based on the considerations obtained. Sanctions imposed on Notaries in Indonesia who violate the code of ethics are not in the form of dismissal from the position of notary but dismissal from membership in the Indonesian Notary Association.

Meanwhile, the South Korean Notary Disciplinary Committee carried out the results of the disciplinary hearing decision. When the disciplinary hearing decides that the notary has been given a penalty in the form of dismissal, the notary is automatically dismissed from his position. The Indonesian and South Korean Notary Laws have several similarities; both apply sanctions for dismissal and temporary dismissal or suspension of duties. Then the difference is that in Indonesia's Law on Notary Positions, there are three types of notary dismissal. In contrast, the Notary Law of the Republic of Korea only recognizes two types of dismissal.