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

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Penilaian

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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.

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Availability

Inventory Code	Barcode	Call Number	Location	Status
2107001787	T54562	T545622021	Central Library (REFERENCES)	Available but not for loan - Not for Loan

Detail Information

Series Title

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Call Number

T545622021

Publisher

Palembang : Prodi Magister Kenotariatan, Fakultas Hukum Universitas Sriwijaya., 2021

Collation

xiv, 95 hlm. ; 29 cm

Language

Indonesia

ISBN/ISSN

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Classification

347.016

Content Type

Text

Media Type

unmediated

Carrier Type

-

Edition

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Subject(s)

Jurusan Kenotariatan
Notaris - Jabatan

Specific Detail Info

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Statement of Responsibility

AA

Other version/related

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