The Grey Areas

Notary Liability and Intern Supervision in Indonesian Legal Practice

Authors

  • Selma Nabila University of Brawijaya
  • Hanif Nur Widhiyanti University of Brawijaya
  • Diah Aju Wisnuwardhani Universitas Merdeka Malang

DOI:

https://doi.org/10.21154/invest.v4i2.10048

Keywords:

Notary Responsibility, Legal Protection, Notary Intern, Supervision, Ethical Training

Abstract

This study examines the legal responsibilities and protections for notaries supervising interns in Indonesia, focusing on potential violations and the challenges posed by the differing legal statuses of interns and permanent staff. Employing a normative juridical method with statute and conceptual approaches, this research analyzes Article 16A of Law Number 2 of 2014 on Notary Position, which mandates supervisory duties for notaries but lacks clarity on liability boundaries. The absence of detailed regulations exposes notaries to legal and reputational risks as they may face litigation for interns' misconduct. Inconsistent internship practices across notarial offices further complicates this issue. This study highlights practical challenges, such as managing interns' access to sensitive client information and maintaining confidentiality. These challenges are exacerbated by interns' status as trainees rather than employees, which limits the supervising notary's control and accountability. These findings underscore the need for explicit guidelines to protect notaries from unintended liability while ensuring effective mentorship. Recommendations include implementing specific regulations on supervision, mandatory ethics training for interns, and limited access to protocols. Collaboration with professional associations to establish best practices and maintain a balance between legal responsibilities and training quality is advised. This study contributes to the understanding of professional responsibility in the notarial profession and highlights the importance of clear legal frameworks to support supervisors and maintain public trust.

Author Biographies

Selma Nabila, University of Brawijaya

Selma Nabila, an expert in notarial law and legal ethics, holds a law degree and has contributed to studies on notarial responsibilities and legal frameworks in Indonesia by focusing on legal accountability and professional ethics.

Hanif Nur Widhiyanti , University of Brawijaya

Hanif Nur Widhiyanti, specializing in Indonesian law and regulatory compliance, has conducted normative and legislative research to enhance legal standards in notarial practices, emphasizing practical solutions for legal protection.

Diah Aju Wisnuwardhani, Universitas Merdeka Malang

Diah Aju Wisnuwardhani, a lecturer and researcher in civil and notarial law, has extensively published on legal protections, notarial responsibilities, and ethical training, currently examining the impact of regulatory frameworks on notarial training and supervision in Indonesia.

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Published

2024-12-29

How to Cite

Nabila, S., Widhiyanti , H. N., & Wisnuwardhani, D. A. (2024). The Grey Areas: Notary Liability and Intern Supervision in Indonesian Legal Practice. Invest Journal of Sharia & Economic Law, 4(2), 338–356. https://doi.org/10.21154/invest.v4i2.10048

Issue

Vol. 4 No. 2 (2024)

Section

Articles

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Copyright (c) 2024 Selma Nabila, Hanif Nur Widhiyanti , Diah Aju Wisnuwardhani

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