The Position of Notaries in Land Acquisition Corruption Cases: Between Abuse of Authority and Criminalization of Profession

The Notary profession plays a crucial role in Indonesia's legal system, particularly in land procurement cases often linked to corruption crimes. This study highlights the legal dilemma faced by Notaries in cases of abuse of authority and the potential criminalization of their profession. With the enactment of the new Penal Code (Law No. 1 of 2023), the concept of corruption crimes has been reformulated, which could significantly impact Notaries' accountability mechanisms. This research aims to analyze the boundaries of Notary authority abuse within criminal and administrative law and assess to what extent administrative law mechanisms can be utilized as the primary instrument before proceeding to criminal prosecution. This study adopts a normative juridical approach by analyzing legislation and court decisions, particularly Decision No. 90/Pid.Sus-TPK/2022/PN Smg, which implicated a Notary in a corruption case related to land procurement. The findings indicate that the lack of a clear definition of abuse of authority in the Anti-Corruption Law and the Notary Law creates the risk of over-criminalization of Notaries. Therefore, regulatory revisions are necessary to differentiate between administrative violations and actions that can be classified as corruption crimes. Clearer legal reforms will provide legal certainty for Notaries and ensure that legal proceedings are fair and do not hinder Notaries from performing their duties.