Legal Protection against Notary Related to Parties Conducting Transactions of Crime Products in the Crime of Money Laundering

• Main Authors: Muhammad Fadly, Elwi Danil, Yoserwan Yoserwan
• Format: Article
• Language: English
• Published: International journal of multicultural and multireligious understanding 2021-01-01
• Series: International Journal of Multicultural and Multireligious Understanding
• Subjects: notary; legal protection; reporting
• Online Access: https://ijmmu.com/index.php/ijmmu/article/view/2326

The notary profession is a legal profession so that notary is a noble profession (nobile officium), because notaries are sworn in and have an obligation to keep secret the deed they have made in accordance with Law Number 30 of 2004 concerning Notary Position in Article 4 & Article 16 letter (F ), but Notaries must also submit suspicious financial transactions based on Article 17 Paragraph (2) of Law Number 8 Year 2010 concerning the Prevention and Eradication of Money Laundering. The problems discussed in this thesis are 1). What is the position of the deed made by the notary if it is proven that it used the proceeds from the crime of money laundering? 2) What is the position of the deed made by the Notary if it is proven that it used the proceeds from the crime of money laundry? 3). How is the legal protection for Notaries who report the existence of kilen transactions that are suspected of being proceeds from the crime of money laundering? The method used in this research is normative law research using normative case studies in the form of legal behavior products.The results obtained are 1) Notaries are required to carry out their obligations as Reporting Parties mandated by the Law on the Prevention and Eradication of the Crime of Money laundering. 2).The deed made by a notary will not result in the cancellation of the deed, because to cancel a deed must be based on a court decision 3).In this case, notaries can carry out their duties by examining carefully the files and profiles of service users so that they can find out early if there is a suspicion of money laundering.