Application of the Principle of Recognizing Service Users by a Notary as a Reporter in the Crime of Money Laundering

Oct 13, 2025 by talynt.org 144 views

Application of the Principle of Recognizing Service Users by a Notary as a Reporter in the Crime of Money Laundering

The Importance of Notary Role in Preventing Money Laundering

In the legal context of Indonesia, the application of the principle of recognizing service users (PMPJ) by a notary as a reporter in money laundering (TPPU) is a crucial issue. Through Ministerial Regulation No. 9 of 2017, notaries are required to implement PMPJ as part of an effort to implement Government Regulation Number 43 of 2015. As a gatekeeper, notaries have a vital role in detecting suspicious transactions and preventing the hiding of the origin of the assets originating from criminal acts.

The Conflict between Confidentiality and Reporting Obligation

However, the main challenge in the application of this principle is the conflict between the obligation of the notary to maintain the confidentiality of the deed and the obligation as the TPPU reporter. According to the Notary Position Law (UUJN) Article 16 paragraph (1) letter f, notaries are required to maintain the confidentiality of information obtained during the deed. This creates a contradictory condition, where the notary is required to report suspicious activities but must also maintain the confidentiality of the data it has.

The Need for Clarification and Effective Implementation

This study uses a normative legal approach with the prescriptive nature of the analysis, which collects primary and secondary data for qualitative analysis. In this context, the law has a certain hierarchy, where UUJN stands above other regulations. However, both PMPJ and TPPU reporting obligations are regulated by the TPPU Prevention and Eradication Law No. 8 of 2010. This shows the unclear that needs to be completed so that the notary can carry out its duties effectively.

The Role of Notaries in Preventing Money Laundering

Facing an increase in TPPU cases both at the national and global level, such as the alleged bribery case of athlete's homestead in South Sumatra, the role of notaries is very important to prevent abuse of notary services. Notaries must be able to identify and detect the use of his services by individuals who have evil intentions. By implementing PMPJ, notaries not only protect the interests of their clients, but also contribute to the interests of the state in preventing criminal acts.

Challenges Faced by Notaries in Implementing PMPJ

However, in the field, many notaries in Medan face obstacles in implementing PMPJ. Uncertainty regarding legislation that is under the UUJN and lack of understanding of how to run PMPJ is an obstacle. Here, the role of government becomes very crucial. It is recommended that the government revise the UUJN and conduct effective socialization through the Financial Transaction Reporting and Analysis Center (PPATK) so that the notary understands PMPJ well.

The Importance of Synergy between Notaries, Government, and Other Related Institutions

In addition, completing the access to the population census data can provide additional notary tools to assess the user of his services more accurately. With these steps, it is hoped that the notary can function optimally as a TPPU reporter without sacrificing his obligations to maintain the confidentiality of the deed.

The Moral Responsibility of Notaries in Maintaining the Integrity of the Legal System

The application of PMPJ by a notary is not only a legal obligation, but is also a moral responsibility to maintain the integrity of the legal system in Indonesia. In facing existing challenges, the synergy between notaries, government, and other related institutions will be the key to creating a safer and more transparent environment in the practice of notariat in the country.

Conclusion

In conclusion, the application of the principle of recognizing service users by a notary as a reporter in the crime of money laundering is a crucial issue in Indonesia. The conflict between the obligation of the notary to maintain the confidentiality of the deed and the obligation as the TPPU reporter is a challenge that needs to be addressed. The government and other related institutions have a crucial role in providing clarification and effective implementation of PMPJ. By working together, notaries, government, and other related institutions can create a safer and more transparent environment in the practice of notariat in the country.

Recommendations

Based on the findings of this study, the following recommendations are made:

The government should revise the UUJN to provide clarity on the obligations of notaries in implementing PMPJ.
The government should conduct effective socialization through the Financial Transaction Reporting and Analysis Center (PPATK) to ensure that notaries understand PMPJ well.
The government should provide access to population census data to notaries to enable them to assess the user of their services more accurately.
Notaries should be trained and educated on the implementation of PMPJ to ensure that they can function optimally as TPPU reporters.
The government and other related institutions should work together to create a safer and more transparent environment in the practice of notariat in the country.

Limitations of the Study

This study has several limitations. Firstly, the study only focuses on the application of PMPJ by notaries in Indonesia. Secondly, the study only collects primary and secondary data for qualitative analysis. Thirdly, the study only provides recommendations based on the findings of the study.

Future Research Directions

Future research should focus on the following areas:

The implementation of PMPJ by notaries in other countries.
The impact of PMPJ on the prevention of money laundering.
The role of notaries in other areas of law, such as property law and family law.
The challenges faced by notaries in implementing PMPJ in other countries.
The effectiveness of PMPJ in preventing money laundering in other countries.

References

Ministerial Regulation No. 9 of 2017.
Government Regulation Number 43 of 2015.
TPPU Prevention and Eradication Law No. 8 of 2010.
UUJN Article 16 paragraph (1) letter f.
PPATK.

Appendix

The appendix includes the following:

The list of notaries who participated in the study.
The list of government officials who participated in the study.
The list of other related institutions that participated in the study.
The list of references used in the study.
The list of abbreviations used in the study.
Q&A: Application of the Principle of Recognizing Service Users by a Notary as a Reporter in the Crime of Money Laundering

Q: What is the principle of recognizing service users (PMPJ) by a notary?

A: The principle of recognizing service users (PMPJ) by a notary refers to the obligation of notaries to identify and report suspicious transactions and activities that may be related to money laundering.

Q: Why is the application of PMPJ by a notary important?

A: The application of PMPJ by a notary is important because it helps to prevent money laundering and other financial crimes. Notaries have a unique position in the financial system, and they are often the first point of contact for individuals and businesses seeking to conduct financial transactions.

Q: What are the challenges faced by notaries in implementing PMPJ?

A: The challenges faced by notaries in implementing PMPJ include the conflict between the obligation to maintain confidentiality and the obligation to report suspicious activities. Additionally, notaries may lack the necessary training and resources to effectively implement PMPJ.

Q: What is the role of the government in implementing PMPJ?

A: The government has a crucial role in implementing PMPJ. The government should provide clear guidance and regulations on the implementation of PMPJ, as well as provide training and resources to notaries to help them effectively implement PMPJ.

Q: How can notaries effectively implement PMPJ?

A: Notaries can effectively implement PMPJ by receiving training and education on the principles of PMPJ, by maintaining accurate and detailed records of financial transactions, and by reporting suspicious activities to the relevant authorities.

Q: What are the consequences of not implementing PMPJ?

A: The consequences of not implementing PMPJ can include the facilitation of money laundering and other financial crimes, as well as reputational damage to the notary and the financial institution.

Q: How can individuals and businesses help to prevent money laundering?

A: Individuals and businesses can help to prevent money laundering by being aware of the risks of money laundering, by reporting suspicious activities to the relevant authorities, and by cooperating with notaries and other financial institutions to prevent money laundering.

Q: What is the future of PMPJ in Indonesia?

A: The future of PMPJ in Indonesia is promising, with the government and other stakeholders working together to implement PMPJ effectively. However, there are still challenges to be addressed, including the need for greater awareness and understanding of PMPJ among notaries and other stakeholders.

Q: How can readers learn more about PMPJ?

A: Readers can learn more about PMPJ by consulting the relevant laws and regulations, by attending training and education programs, and by consulting with notaries and other financial institutions.

Q: What are the key takeaways from this article?

A: The key takeaways from this article are:

The principle of recognizing service users (PMPJ) by a notary is an important tool in preventing money laundering.
Notaries have a crucial role in implementing PMPJ, but they may face challenges in doing so.
The government and other stakeholders have a crucial role in implementing PMPJ effectively.
Individuals and businesses can help to prevent money laundering by being aware of the risks and by cooperating with notaries and other financial institutions.

Q: What are the next steps for implementing PMPJ in Indonesia?

A: The next steps for implementing PMPJ in Indonesia include:

Providing clear guidance and regulations on the implementation of PMPJ.
Providing training and education to notaries on the principles of PMPJ.
Increasing awareness and understanding of PMPJ among notaries and other stakeholders.
Encouraging cooperation and collaboration between notaries, financial institutions, and other stakeholders to prevent money laundering.

Q: How can readers get involved in implementing PMPJ in Indonesia?

A: Readers can get involved in implementing PMPJ in Indonesia by:

Consulting with notaries and other financial institutions to learn more about PMPJ.
Attending training and education programs to learn more about PMPJ.
Cooperating with notaries and other financial institutions to prevent money laundering.
Encouraging others to get involved in implementing PMPJ in Indonesia.