Comparison of Tasks and Authority of the Notary Supervisory Council

Oct 13, 2025 by wbrum.org 7 views

Juridical Analysis of the Duties and Authority of the Notary Supervisory Council after the Enactment of Law No. 2 of 2014

Introduction

The Notary Supervisory Council (MPN) is a crucial institution in Indonesia, responsible for overseeing and fostering the implementation of notary positions. With the passing of Law No. 2 of 2014, there was a significant change to the authority of the Notary Supervisory Council. This article aims to explore these changes, the impact analysis caused, and the constraints faced by MPN.

Comparison of Tasks and Authority of the Notary Supervisory Council

Before the issuance of Law No. 2 of 2014, the Notary Supervisory Council had a fairly broad authority in terms of supervision and development of notaries. However, with the promulgation of the new law, certain authority previously owned by the MPN is now turning to the Notary Honorary Council. For example, the authority to give permission to call a notary and take a photocopy of the deed document, is now the responsibility of the Notary Honorary Council.

The Notary Supervisory Council's authority has been significantly impacted by the new law. The MPN's role in supervising and developing notaries has been reduced, and some of its responsibilities have been transferred to the Notary Honorary Council. This change has raised concerns about the effectiveness of supervision and the potential for overlapping and confusion in the application of law.

Impact of Change Authority

The change in authority has several impacts on notary compliance. Although the Notary Honorary Council takes over part of the responsibility, there is no significant impact on the notary compliance with MPN. This is because the MPN continues to carry out its duties actively, even without complaints from the community. On the other hand, the new notary honorary assembly functions when there is an official request from the investigator, the public prosecutor, or judge who links the notary with certain legal actions.

The impact of the change in authority is not limited to the Notary Supervisory Council. The increase in institutions that oversee the notary has the potential to create confusion and overlapping in the application of law. This can lead to difficulties in ensuring effective supervision and compliance with the law.

Constraints Faced by the Notary Supervisory Council

The Notary Supervisory Council faces several constraints in carrying out its duties. One of the main obstacles is the absence of a fixed office to store documents and notarial protocols. This situation makes the MPN very dependent on the policies of officials who are in office. In addition, the existence of multiple interpretations of the regulations of notary positions is a problem, because it often raises differences in the application of law both by the notary and by the MPN management itself.

Financial constraints are also a serious issue. The lack of budget for facilities and infrastructure, as well as for the honorarium of members and secretariat staff, hampered the performance of MPN in carrying out their duties. Without adequate support, MPN will have difficulty in carrying out the tasks of supervision and guidance mandated by the law.

Conclusion

In conclusion, the changes that occur as a result of the enactment of Law No. 2 of 2014 had an influence on the authority of the Notary Supervisory Council, as well as expanding supervision through the Notary Honorary Council. Nevertheless, significant challenges remain, such as obstacles in facilities, budgets, and regulatory interpretations that have the potential to disrupt the effectiveness of supervision. Therefore, more attention is needed from the government to strengthen the position of the Notary Supervisory Council in order to be able to carry out its functions better in maintaining the integrity and compliance of notaries in Indonesia.

Recommendations

Based on the analysis of the changes in the authority of the Notary Supervisory Council, the following recommendations are made:

Strengthen the position of the Notary Supervisory Council: The government should provide more support to the Notary Supervisory Council, including providing a fixed office and adequate budget for facilities and infrastructure.
Clarify the regulations of notary positions: The government should clarify the regulations of notary positions to avoid multiple interpretations and ensure consistency in the application of law.
Improve coordination between institutions: The government should improve coordination between the Notary Supervisory Council and the Notary Honorary Council to ensure effective supervision and compliance with the law.

By implementing these recommendations, the government can strengthen the position of the Notary Supervisory Council and ensure effective supervision and compliance with the law.
Frequently Asked Questions (FAQs) about the Notary Supervisory Council

Q: What is the Notary Supervisory Council (MPN)?

A: The Notary Supervisory Council (MPN) is an institution established by the government, responsible for overseeing and fostering the implementation of notary positions in Indonesia.

Q: What are the duties and obligations of the Notary Supervisory Council?

A: The Notary Supervisory Council has the duties and obligations to oversee and foster the implementation of notary positions, including supervising and developing notaries, ensuring compliance with the law, and providing guidance and support to notaries.

Q: What changes occurred to the authority of the Notary Supervisory Council after the enactment of Law No. 2 of 2014?

A: With the passing of Law No. 2 of 2014, certain authority previously owned by the Notary Supervisory Council was transferred to the Notary Honorary Council. This includes the authority to give permission to call a notary and take a photocopy of the deed document.

Q: What are the impacts of the change in authority on notary compliance?

A: Although the Notary Honorary Council takes over part of the responsibility, there is no significant impact on the notary compliance with MPN. However, the increase in institutions that oversee the notary has the potential to create confusion and overlapping in the application of law.

Q: What are the constraints faced by the Notary Supervisory Council?

A: The Notary Supervisory Council faces several constraints, including the absence of a fixed office to store documents and notarial protocols, financial constraints, and multiple interpretations of the regulations of notary positions.

Q: What are the recommendations to strengthen the position of the Notary Supervisory Council?

A: The government should provide more support to the Notary Supervisory Council, including providing a fixed office and adequate budget for facilities and infrastructure. The government should also clarify the regulations of notary positions and improve coordination between institutions.

Q: Why is it important to strengthen the position of the Notary Supervisory Council?

A: Strengthening the position of the Notary Supervisory Council is crucial to ensure effective supervision and compliance with the law. This will help to maintain the integrity and compliance of notaries in Indonesia.

Q: What are the benefits of effective supervision and compliance with the law?

A: Effective supervision and compliance with the law will help to ensure that notaries operate in a fair and transparent manner, which will benefit the public and the notary profession as a whole.

Q: How can the public contribute to the effectiveness of the Notary Supervisory Council?

A: The public can contribute to the effectiveness of the Notary Supervisory Council by providing feedback and suggestions on how to improve the supervision and compliance of notaries. The public can also report any concerns or issues related to notary services.

Q: What is the role of the Notary Honorary Council in the supervision of notaries?

A: The Notary Honorary Council plays a role in the supervision of notaries by taking over part of the responsibility from the Notary Supervisory Council. The Notary Honorary Council functions when there is an official request from the investigator, the public prosecutor, or judge who links the notary with certain legal actions.

Q: How can the government improve coordination between the Notary Supervisory Council and the Notary Honorary Council?

A: The government can improve coordination between the Notary Supervisory Council and the Notary Honorary Council by establishing clear guidelines and protocols for communication and collaboration between the two institutions.