KEWAJIBAN NOTARIS SEBAGAI PIHAK PELAPOR TERKAIT TRANSAKSI MENCURIGAKAN BERDASARKAN PRINSIP MENGENALI PENGGUNA JASA (CUSTOMER DUE DILIGENCE)

MULWANDA, VEIGA LINTANG and Emirzon, Joni (2021) KEWAJIBAN NOTARIS SEBAGAI PIHAK PELAPOR TERKAIT TRANSAKSI MENCURIGAKAN BERDASARKAN PRINSIP MENGENALI PENGGUNA JASA (CUSTOMER DUE DILIGENCE). Master thesis, SRIWIJAYA UNVERSITY.

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Abstract

Notary is one of the Reporting Parties who is required to apply the Principles of Recognizing Service Users. But on the other hand, this obligation becomes blurry since it is not included in the Notary's obligations according to the Notary Act. This study aims to provide legal certainty for Notaries because this obligation is not regulated in the Notary Act, and if it is not implemented or the Notary is negligent in carrying out this obligation, Notary can be subjected to sanctions. The type of this research is normative legal research, with the types of sources and legal material obtained from secondary data collected through library research, qualitatively analyzed, and deductive conclusion drawing techniques. The results of this study indicate that the regulation of the obligation of a Notary as a Reporting Party in applying the Principle mentioned is contrary to the passive nature of a Notary and the validity provisions of Notary Act because it is not one of the obligations of a Notary. In addition, it also contradicts the nature of the hierarchy of law and regulations because this obligation is specifically regulated in Government Regulations and not at the level of Act. Although the Government Regulation is a derivative of the Money Laundering Act, the Notary Act should be used as a basis because it specifically regulates the position of a Notary, unless there is the phrase "and other obligations determined by law". On the other hand, if the Notary is negligent and does not carry out this obligation, the Notary may be subjected to administrative sanctions. As a recommendation, to the government, to synchronize the arrangements in the Notary Act and the Money Laundering Act by formulating and stipulating the provisions for changes in the Notary Act, especially regarding the position of a Notary as a Reporting Party who is required to apply the Principles of Recognizing Service Users for the sake of legal certainty and legal protection for Notaries in practice.

Item Type: Thesis (Master)
Uncontrolled Keywords: Notaris, Prinsip Mengenali Pengguna Jasa, Tindak Pidana Pencucian Uang
Subjects: K Law > K Law (General) > K5015.4-5350 Criminal law
K Law > K Law (General) > K623-968 Civil law
K Law > K Law (General) > K625-709 Persons
Divisions: 02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User: Veiga Lintang Mulwanda
Date Deposited: 22 Sep 2021 06:00
Last Modified: 22 Sep 2021 06:00
URI: http://repository.unsri.ac.id/id/eprint/54562

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