Batasan Masyarakat Tidak Mampu Yang Bisa Mendapatkan Jasa Pembuatan Akta Tanpa Dipungut Honorarium

Abstract

The notary profession has surfaced as the result of social interactions which has since then created and developed by the said community. In carrying out their position, the notary is guided by the Notary Position Law (Undang-Undang Jabatan Notaris, UUJN) and the Code of Ethics by the Indonesian Notary Association. However, in practice, problems are often encountered in the duties and powers of a notary, especially in relation to honorarium. Until now, the provisions on honorarium have not stated in the exact amount or proportion, in that regards, problems of uncertainty often arise in determining the amount of honorarium which results in bargaining between the notary and the client. This is a normative research method. The results of this study conclude that the poor is able to obtain deed-making services without being charged an honorarium refers to people who cannot fulfill their fundamental needs which include the rights to food, clothing, health services, education services, work and business and/or housing properly and independently. In addition, the procedure for deed-making services without being charged an honorarium is not regulated in UUJN nor the Notary's Code of Ethics, but the notary determines it themself