Notary Obligations to Provide Pro Bono Services

Oct 13, 2025 by talynt.org 103 views

Introduction

Notary, as a public official appointed by the state, plays a vital role in providing legal services to the community. Despite not receiving honorariums from the state, notaries receive rewards for the legal services they provide in accordance with their authority. However, the ability to use notary services is often affected by individual financial conditions. According to Article 37 paragraph (1) of the Notary Position Law, "Notary is required to provide Notarial Pro Bono services to individuals who are financially less able." This article will discuss the reasons behind the notary obligations to provide these services, its application in Medan, as well as the constraints faced in their implementation.

Notary Obligations to Provide Pro Bono Services

Pro Bono services are legal services provided free of charge to those who cannot afford to pay. The notary obligation to provide this service is regulated in Article 37 paragraph (1) of Law No. 2 of 2014, which confirms that the notary has social responsibility to help people who cannot afford. In addition, the notary professional ethics is also listed in Article 3 number (7) the notary code of ethics agreed upon in the Extraordinary Congress of the Indonesian Notary Association in Banten in 2005. The code of ethics explains that the notary must provide free services to individuals who cannot afford to make other notarial deeds and services.

The provision of Pro Bono services is a crucial aspect of a notary's role in providing legal services to the community. Notaries are expected to use their expertise and resources to assist individuals who are financially less able, ensuring that they have access to justice and legal services they need. This obligation is not only a moral and ethical imperative but also a legal requirement, as stated in Article 37 of the Notary Position Law.

Implementation of Pro Bono Services in Medan

In the city of Medan, the implementation of the Notarial Pro Bono service has been running quite well. This is driven by aspects of humanity, morality, and notary integrity in carrying out their profession. Many notaries in Medan are aware of the importance of their contribution to the community and are committed to providing legal services to those who are less able. By increasing awareness and concern for social issues, notaries in Medan have shown that they not only function as income producers, but also as agents of social change.

The implementation of Pro Bono services in Medan is a testament to the notary profession's commitment to social responsibility. Notaries in Medan have demonstrated their ability to provide legal services to those who need it most, often going above and beyond their duties to ensure that individuals have access to justice. This commitment to social responsibility is essential in building trust and confidence in the notary profession, and it is an example that other notaries can follow.

Constraints in Providing Pro Bono Services

However, although there is a commitment from a notary to provide pro Bono services, there are several obstacles encountered. Notaries are public officials who do not receive honorariums from the state and rely more on income from the service fees they wear for the making of deeds. This creates a dilemma, where a notary must find income for their operational costs, so that sometimes ignores the obligation to provide free services.

The constraints faced by notaries in providing Pro Bono services are a significant challenge to the implementation of this obligation. Notaries often struggle to balance their financial needs with their social responsibility to provide free legal services. This dilemma is exacerbated by the fact that notaries do not receive honorariums from the state, making it difficult for them to sustain their operations without relying on service fees.

Recommendations for Improving Pro Bono Services

So that the notary obligation to provide pro -Bono services can be carried out effectively, the same perspective division is needed in defining the implementation procedure of Article 37 of the Notary Position Law. It aims to ensure consistency in providing free legal services. In addition, new notary regulations, especially those related to the criteria of underprivileged individuals and nominal costs for making deeds that are not charged, must be made more effective.

To increase public awareness regarding pro Bono legal services, the authority also needs to encourage notaries to conduct counseling on this issue. Thus, people who need it can be more familiar with and utilize the legal services provided by the notary.

The recommendations outlined above are essential in improving the implementation of Pro Bono services. By clarifying the implementation procedure of Article 37 of the Notary Position Law and establishing more effective regulations, notaries can provide free legal services to those who need it most. Additionally, increasing public awareness and encouraging notaries to conduct counseling can help to ensure that individuals have access to justice and legal services they need.

Conclusion

Notary obligations in providing pro -Bono legal services are an important form of social responsibility for this profession. In the city of Medan, although there are various obstacles, many notaries are committed to helping people who are less able. With the collaborative effort between the notary, the government, and the community, it is hoped that this service can be optimized and more individuals get access to justice and legal services they need.

In conclusion, the notary profession has a critical role to play in providing free legal services to those who need it most. By implementing Pro Bono services, notaries can demonstrate their commitment to social responsibility and ensure that individuals have access to justice and legal services they need. While there are constraints to be addressed, the recommendations outlined above can help to improve the implementation of Pro Bono services and ensure that this obligation is carried out effectively.

Q: What is the purpose of Notary Obligations in providing free legal services?

A: The purpose of Notary Obligations in providing free legal services is to ensure that individuals who are financially less able have access to justice and legal services they need. This is a social responsibility of the notary profession, as stated in Article 37 of the Notary Position Law.

Q: Who is eligible for Pro Bono services?

A: Individuals who are financially less able are eligible for Pro Bono services. This includes individuals who are unable to afford the costs of notarial deeds and services.

Q: How do notaries determine who is eligible for Pro Bono services?

A: Notaries use their discretion to determine who is eligible for Pro Bono services. They may consider factors such as income, assets, and financial obligations when making this determination.

Q: What types of services are included in Pro Bono services?

A: Pro Bono services include all types of notarial deeds and services, including the preparation and execution of wills, powers of attorney, and other documents.

Q: How do notaries provide Pro Bono services?

A: Notaries provide Pro Bono services by waiving their fees for notarial deeds and services. They may also provide counseling and other forms of assistance to individuals who are eligible for Pro Bono services.

Q: What are the benefits of Pro Bono services?

A: The benefits of Pro Bono services include ensuring that individuals who are financially less able have access to justice and legal services they need. This can help to promote social justice and equality.

Q: What are the challenges of providing Pro Bono services?

A: The challenges of providing Pro Bono services include the financial constraints faced by notaries, who may struggle to sustain their operations without relying on service fees. Additionally, notaries may face difficulties in determining who is eligible for Pro Bono services.

Q: How can the public access Pro Bono services?

A: The public can access Pro Bono services by contacting a notary in their area and inquiring about their Pro Bono services. Notaries may also provide information about Pro Bono services on their websites or through other channels.

Q: What is the role of the government in promoting Pro Bono services?

A: The government plays a critical role in promoting Pro Bono services by establishing and enforcing laws and regulations that support the provision of free legal services to those who need it most.

Q: How can notaries improve the provision of Pro Bono services?

A: Notaries can improve the provision of Pro Bono services by increasing their awareness of the needs of individuals who are financially less able, and by developing strategies to provide Pro Bono services in a more effective and efficient manner.

Q: What is the future of Pro Bono services in Medan City?

A: The future of Pro Bono services in Medan City is promising, with many notaries committed to providing free legal services to those who need it most. However, there are still challenges to be addressed, including the financial constraints faced by notaries and the need for greater awareness and understanding of Pro Bono services among the public.

Q: How can individuals support the provision of Pro Bono services?

A: Individuals can support the provision of Pro Bono services by volunteering their time and expertise to notaries who provide Pro Bono services, and by donating to organizations that support the provision of free legal services to those who need it most.