The Grey Areas

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.

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Publication Details

Journal
Invest Journal of Sharia & Economic Law
Published
2024-12-29
DOI
https://doi.org/10.21154/invest.v4i2.10048
Citations
1
Primary Topic
Legal and Social Justice Studies
Type
article
Field-Weighted Citation Impact
4.07
Controls
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article

The Grey Areas

Hanif Nur Widhiyanti, Diah Aju Wisnuwardhani, Selma Nabila
1 citations
Invest Journal of Sharia & Economic Law
Legal and Social Justice Studies
4.07
article

The Grey Areas

Hanif Nur Widhiyanti, Diah Aju Wisnuwardhani, Selma Nabila
article en
1 citations

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.

Invest Journal of Sharia & Economic LawVol. 4(2)
University of Brawijaya (ID), Universitas Merdeka Malang (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 6%
Legal and Social Justice Studies
4.07
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