PENEGAKAN HUKUM JABATAN NOTARIS DALAM PEMBUATAN PERJANJIAN BERDASARKAN PANCASILA DALAM RANGKA KEPASTIAN HUKUM

Abstract

Notaries, when exercising their authority as public officials, should equip themselves with
Pancasila values so that they can perform impartially and help contribute to public order
and legal certainty. This research reviews notaries’ implementation of Pancasila values in
a bid to achieve legal certainty to any related parties, particularly those involved in legal
agreements. This research is normative in nature, featuring legal documents as materials
or literature to analyze and from which conclusions are drawn. The findings of this
research suggest that—to have quality notary professionals—the law enforcement for
notary office based on Pancasila values should be done through such measures as: (1)
properly and consequently exercising their authorities as notaries as stipulated in UUJN
and (2) performing based on Pancasila values, upholding professional ethics with moral
integrity in a way that they value honesty, are aware of their boundaries, and possess the
true sense of justice. This means that they are not tempted by bribe; they also work not
merely to gather formal evidence without putting the sense of justice into consideration.
Thus, the expected qualities of notaries are: (1) having good will, (2) impartial, (3)
upholding justice for the sake of legal certainty, (4) respecting shared consensus, (5)
upholding agreement on the legal basis, (6) providing the best service on the accountable
basis, (7) upholding professionalism based on codes of ethics, (8) upholding and
implementing Pancasila values, (9) maintaining public trust, (10) exercising authorities
within boundaries as stipulated in UUJN (formal authorities), and (11) always upgrading
their competence, skills, and professional network.