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Ada Pertanyaan? Hubungi Kami Notaries Association: Competency Assessments Should Be Legally Regulated in Order to Ensure Compliance
Marcell Sihombing, Nanda Narendra Putra
The government is currently deliberating a new Ministry of Law and Human Rights Regulation which will regulate the competency of notaries. The new law will mandate that professional notaries will be required to take a competency assessment every five years, and will also stipulate that candidate notaries will also have to undergo an assessment process.
Mr. Alwesius, Head of the Education and Internship Program for Candidate Notaries at the Indonesian Notary Association (Ikatan Notaris Indonesia - INI) is convinced that competency assessments for notaries need to be regulated by law. Mr. Alwesius told Hukumonline that a ministry regulation would not be sufficient to ensure the compliance of the relevant stakeholders in the notary profession, which encompasses notaries; professional notary associations (such as the INI); various universities which run notary related master’s-degree programs; the Ministry of Research, Technology and Higher Education (Kemenristek Dikti); and the Directorate General of General Legal Administration (Ditjen AHU).
“A law would represent the most suitable regulatory framework for ensuring stronger compliance [from the relevant stakeholders],” Mr. Alwesius explained to Hukumonline.
Each of the above-mentioned stakeholders has a certain level of influence as regards the notary profession. By way of example, Mr. Alwesius pointed to the delegation of authority as regards the organization of competency assessments to professional notary associations. Moreover, competency assessments can also be undertaken in conjunction with certain universities. Law No. 2 of 2014on the Amendment to Law No. 30 of 2004on Notaries (Notary Law) also stipulates that any candidate notary must first secure a master’s degree which relates to the notary profession, and this ultimately falls under the authority of Kemenristek Dikti. Meanwhile, the authority to inaugurate new notaries who have already satisfied all of the relevant requirements set out in the prevailing laws and regulations has been delegated to Ditjen AHU.
However, Mr. Alwesius expressed his concern that if the regulatory framework for competency assessment remained entirely in the form of a ministry regulation, then the above-mentioned stakeholders would be reluctant to comply with it. However, Mr. Alwesius also asserted that as long as the regulatory framework was aiming to maintain the professionalism of notaries, then it should be supported by the relevant stakeholders.
“This matter should be regulated under a law, as a lower-level regulation will not prove sufficient. Indeed, I believe that there is an urgent need to revise the Notary Law,” Mr. Alwesius stated.
The Minister of Law and Human Rights, Yasonna H. Laoly, recently stated that the reason behind the deliberations of the ministry regulation was the fact that Ditjen AHU had received a considerable number of complaints from the general public as a result of the unprofessional conduct of various notaries during the rendering of their services.
In addition, the recent spike in the number of universities organizing notary-related master’s-degree programs has in turn led to significant increases in the number of candidate notaries at each student intake. Indeed, according to Hukumonline’s findings, 28 universities at least are currently running notary-related master’s-degree programs, while another two private universities, namely Bosowa University and Tanjungpura University, are intending to open their own master’s programs in the near future. This means that candidate notaries will soon be graduating from no fewer than 30 universities, and it is predicted that this could result in unhealthy competition, as well as notaries disregarding the various codes of ethics sets out by the country’s professional notary associations.
“Competency assessments represent something that we need to engage in. As with lawyers, they [notaries] should really be undergoing competency assessments before they can officially become professionals,” asserted Minister Laoly.
Yualita Widyadhari, Chairperson of the Notaries Association (INI) for the 2016-2019 period, also ventured an opinion on this complex issue and stated that the biggest challenge currently faced by the INI was the quality gap that persists between central and regional notaries. Mrs. Widyadhari also admitted that the current INI management had to shoulder an increasing level of responsibility, due to the significant annual increases in the number of candidate notaries, which are projected to rise by 1,ooo to 1,500 notaries per year.
Mrs. Widyadhari further emphasized that the Central Executive Board of the Notaries Association (PP INI) was currently attempting to minimize this quality gap through the establishment of a notary quality and equality program. This program will aim to harmonize the skill sets possessed by notaries all across the country, especially those working in the regions, by inviting capable instructors and lecturers to organize training sessions at the regional level.
Mr. Alwesius, Head of the Education and Internship Program for Candidate Notaries at the Indonesian Notary Association (Ikatan Notaris Indonesia - INI) is convinced that competency assessments for notaries need to be regulated by law. Mr. Alwesius told Hukumonline that a ministry regulation would not be sufficient to ensure the compliance of the relevant stakeholders in the notary profession, which encompasses notaries; professional notary associations (such as the INI); various universities which run notary related master’s-degree programs; the Ministry of Research, Technology and Higher Education (Kemenristek Dikti); and the Directorate General of General Legal Administration (Ditjen AHU).
“A law would represent the most suitable regulatory framework for ensuring stronger compliance [from the relevant stakeholders],” Mr. Alwesius explained to Hukumonline.
Each of the above-mentioned stakeholders has a certain level of influence as regards the notary profession. By way of example, Mr. Alwesius pointed to the delegation of authority as regards the organization of competency assessments to professional notary associations. Moreover, competency assessments can also be undertaken in conjunction with certain universities. Law No. 2 of 2014on the Amendment to Law No. 30 of 2004on Notaries (Notary Law) also stipulates that any candidate notary must first secure a master’s degree which relates to the notary profession, and this ultimately falls under the authority of Kemenristek Dikti. Meanwhile, the authority to inaugurate new notaries who have already satisfied all of the relevant requirements set out in the prevailing laws and regulations has been delegated to Ditjen AHU.
However, Mr. Alwesius expressed his concern that if the regulatory framework for competency assessment remained entirely in the form of a ministry regulation, then the above-mentioned stakeholders would be reluctant to comply with it. However, Mr. Alwesius also asserted that as long as the regulatory framework was aiming to maintain the professionalism of notaries, then it should be supported by the relevant stakeholders.
“This matter should be regulated under a law, as a lower-level regulation will not prove sufficient. Indeed, I believe that there is an urgent need to revise the Notary Law,” Mr. Alwesius stated.
The Minister of Law and Human Rights, Yasonna H. Laoly, recently stated that the reason behind the deliberations of the ministry regulation was the fact that Ditjen AHU had received a considerable number of complaints from the general public as a result of the unprofessional conduct of various notaries during the rendering of their services.
In addition, the recent spike in the number of universities organizing notary-related master’s-degree programs has in turn led to significant increases in the number of candidate notaries at each student intake. Indeed, according to Hukumonline’s findings, 28 universities at least are currently running notary-related master’s-degree programs, while another two private universities, namely Bosowa University and Tanjungpura University, are intending to open their own master’s programs in the near future. This means that candidate notaries will soon be graduating from no fewer than 30 universities, and it is predicted that this could result in unhealthy competition, as well as notaries disregarding the various codes of ethics sets out by the country’s professional notary associations.
“Competency assessments represent something that we need to engage in. As with lawyers, they [notaries] should really be undergoing competency assessments before they can officially become professionals,” asserted Minister Laoly.
Yualita Widyadhari, Chairperson of the Notaries Association (INI) for the 2016-2019 period, also ventured an opinion on this complex issue and stated that the biggest challenge currently faced by the INI was the quality gap that persists between central and regional notaries. Mrs. Widyadhari also admitted that the current INI management had to shoulder an increasing level of responsibility, due to the significant annual increases in the number of candidate notaries, which are projected to rise by 1,ooo to 1,500 notaries per year.
Mrs. Widyadhari further emphasized that the Central Executive Board of the Notaries Association (PP INI) was currently attempting to minimize this quality gap through the establishment of a notary quality and equality program. This program will aim to harmonize the skill sets possessed by notaries all across the country, especially those working in the regions, by inviting capable instructors and lecturers to organize training sessions at the regional level.
(hs/sp)
Marcell Sihombing, Nanda Narendra Putra
The government is currently deliberating a new Ministry of Law and Human Rights Regulation which will regulate the competency of notaries. The new law will mandate that professional notaries will be required to take a competency assessment every five years, and will also stipulate that candidate notaries will also have to undergo an assessment process.
Mr. Alwesius, Head of the Education and Internship Program for Candidate Notaries at the Indonesian Notary Association (Ikatan Notaris Indonesia - INI) is convinced that competency assessments for notaries need to be regulated by law. Mr. Alwesius told Hukumonline that a ministry regulation would not be sufficient to ensure the compliance of the relevant stakeholders in the notary profession, which encompasses notaries; professional notary associations (such as the INI); various universities which run notary related master’s-degree programs; the Ministry of Research, Technology and Higher Education (Kemenristek Dikti); and the Directorate General of General Legal Administration (Ditjen AHU).
“A law would represent the most suitable regulatory framework for ensuring stronger compliance [from the relevant stakeholders],” Mr. Alwesius explained to Hukumonline.
Each of the above-mentioned stakeholders has a certain level of influence as regards the notary profession. By way of example, Mr. Alwesius pointed to the delegation of authority as regards the organization of competency assessments to professional notary associations. Moreover, competency assessments can also be undertaken in conjunction with certain universities. Law No. 2 of 2014on the Amendment to Law No. 30 of 2004on Notaries (Notary Law) also stipulates that any candidate notary must first secure a master’s degree which relates to the notary profession, and this ultimately falls under the authority of Kemenristek Dikti. Meanwhile, the authority to inaugurate new notaries who have already satisfied all of the relevant requirements set out in the prevailing laws and regulations has been delegated to Ditjen AHU.
However, Mr. Alwesius expressed his concern that if the regulatory framework for competency assessment remained entirely in the form of a ministry regulation, then the above-mentioned stakeholders would be reluctant to comply with it. However, Mr. Alwesius also asserted that as long as the regulatory framework was aiming to maintain the professionalism of notaries, then it should be supported by the relevant stakeholders.
“This matter should be regulated under a law, as a lower-level regulation will not prove sufficient. Indeed, I believe that there is an urgent need to revise the Notary Law,” Mr. Alwesius stated.
The Minister of Law and Human Rights, Yasonna H. Laoly, recently stated that the reason behind the deliberations of the ministry regulation was the fact that Ditjen AHU had received a considerable number of complaints from the general public as a result of the unprofessional conduct of various notaries during the rendering of their services.
In addition, the recent spike in the number of universities organizing notary-related master’s-degree programs has in turn led to significant increases in the number of candidate notaries at each student intake. Indeed, according to Hukumonline’s findings, 28 universities at least are currently running notary-related master’s-degree programs, while another two private universities, namely Bosowa University and Tanjungpura University, are intending to open their own master’s programs in the near future. This means that candidate notaries will soon be graduating from no fewer than 30 universities, and it is predicted that this could result in unhealthy competition, as well as notaries disregarding the various codes of ethics sets out by the country’s professional notary associations.
“Competency assessments represent something that we need to engage in. As with lawyers, they [notaries] should really be undergoing competency assessments before they can officially become professionals,” asserted Minister Laoly.
Yualita Widyadhari, Chairperson of the Notaries Association (INI) for the 2016-2019 period, also ventured an opinion on this complex issue and stated that the biggest challenge currently faced by the INI was the quality gap that persists between central and regional notaries. Mrs. Widyadhari also admitted that the current INI management had to shoulder an increasing level of responsibility, due to the significant annual increases in the number of candidate notaries, which are projected to rise by 1,ooo to 1,500 notaries per year.
Mrs. Widyadhari further emphasized that the Central Executive Board of the Notaries Association (PP INI) was currently attempting to minimize this quality gap through the establishment of a notary quality and equality program. This program will aim to harmonize the skill sets possessed by notaries all across the country, especially those working in the regions, by inviting capable instructors and lecturers to organize training sessions at the regional level.
Mr. Alwesius, Head of the Education and Internship Program for Candidate Notaries at the Indonesian Notary Association (Ikatan Notaris Indonesia - INI) is convinced that competency assessments for notaries need to be regulated by law. Mr. Alwesius told Hukumonline that a ministry regulation would not be sufficient to ensure the compliance of the relevant stakeholders in the notary profession, which encompasses notaries; professional notary associations (such as the INI); various universities which run notary related master’s-degree programs; the Ministry of Research, Technology and Higher Education (Kemenristek Dikti); and the Directorate General of General Legal Administration (Ditjen AHU).
“A law would represent the most suitable regulatory framework for ensuring stronger compliance [from the relevant stakeholders],” Mr. Alwesius explained to Hukumonline.
Each of the above-mentioned stakeholders has a certain level of influence as regards the notary profession. By way of example, Mr. Alwesius pointed to the delegation of authority as regards the organization of competency assessments to professional notary associations. Moreover, competency assessments can also be undertaken in conjunction with certain universities. Law No. 2 of 2014on the Amendment to Law No. 30 of 2004on Notaries (Notary Law) also stipulates that any candidate notary must first secure a master’s degree which relates to the notary profession, and this ultimately falls under the authority of Kemenristek Dikti. Meanwhile, the authority to inaugurate new notaries who have already satisfied all of the relevant requirements set out in the prevailing laws and regulations has been delegated to Ditjen AHU.
However, Mr. Alwesius expressed his concern that if the regulatory framework for competency assessment remained entirely in the form of a ministry regulation, then the above-mentioned stakeholders would be reluctant to comply with it. However, Mr. Alwesius also asserted that as long as the regulatory framework was aiming to maintain the professionalism of notaries, then it should be supported by the relevant stakeholders.
“This matter should be regulated under a law, as a lower-level regulation will not prove sufficient. Indeed, I believe that there is an urgent need to revise the Notary Law,” Mr. Alwesius stated.
The Minister of Law and Human Rights, Yasonna H. Laoly, recently stated that the reason behind the deliberations of the ministry regulation was the fact that Ditjen AHU had received a considerable number of complaints from the general public as a result of the unprofessional conduct of various notaries during the rendering of their services.
In addition, the recent spike in the number of universities organizing notary-related master’s-degree programs has in turn led to significant increases in the number of candidate notaries at each student intake. Indeed, according to Hukumonline’s findings, 28 universities at least are currently running notary-related master’s-degree programs, while another two private universities, namely Bosowa University and Tanjungpura University, are intending to open their own master’s programs in the near future. This means that candidate notaries will soon be graduating from no fewer than 30 universities, and it is predicted that this could result in unhealthy competition, as well as notaries disregarding the various codes of ethics sets out by the country’s professional notary associations.
“Competency assessments represent something that we need to engage in. As with lawyers, they [notaries] should really be undergoing competency assessments before they can officially become professionals,” asserted Minister Laoly.
Yualita Widyadhari, Chairperson of the Notaries Association (INI) for the 2016-2019 period, also ventured an opinion on this complex issue and stated that the biggest challenge currently faced by the INI was the quality gap that persists between central and regional notaries. Mrs. Widyadhari also admitted that the current INI management had to shoulder an increasing level of responsibility, due to the significant annual increases in the number of candidate notaries, which are projected to rise by 1,ooo to 1,500 notaries per year.
Mrs. Widyadhari further emphasized that the Central Executive Board of the Notaries Association (PP INI) was currently attempting to minimize this quality gap through the establishment of a notary quality and equality program. This program will aim to harmonize the skill sets possessed by notaries all across the country, especially those working in the regions, by inviting capable instructors and lecturers to organize training sessions at the regional level.
(hs/sp)