PROBLEMATIKA HUKUM ATAS PERJANJIAN KERJA SAMA ANTARA BANK DENGAN NOTARIS DI INDONESIA: PERSPEKTIF TEORI KEADILAN BERMARTABAT

Abstract

The legal problems of cooperation agreements between Banks and Notaries in Indonesia are actions or acts that injure human dignity. Notaries have a dominant position over their clients, so they have the potential to side with certain banks or developers. Even though notaries have a prohibition according to the Notary Code of Ethics Article 4 paragraph (4), the obligation to act impartially Article 16 paragraph (1) letter (a) UUJN. This research is a normative juridical research using statutory approach (Statute Approach) and Conceptual Approach. The results of the study found that the notary could potentially be negligent in respecting human dignity by having a cooperation agreement or becoming a bank partner or any other refined terminology, as if that could be justified, even though it is not in accordance with the values ​​or legal principles and values ​​of the Indonesian people. So that if there are actions that are inappropriate among notaries which are then not oriented towards fulfilling human dignity and have the potential for a dispute to occur which can harm other parties, then dignified justice can be a reference in making decisions, both by the Indonesian Notary Association Organization, the Honorary Council Notary and court.

Keywords: Notary Public servant; Dominant; and Dignified Justice.