ARRANGEMENTS FOR REPORTING SUSPICIOUS FINANCIAL TRANSACTIONS BY NOTARIES TO THE FINANCIAL TRANSACTION ANALYSIS REPORTING CENTER
Dewa Made Antara, I Nyoman Budiartha, Putu Ayu Sriasih Wesna

Warmadewa University

Abstract

Notaries are public officials who are independent in carrying out their duties without being interfered with by any agency. Notaries have the authority that has been determined in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of a Notary and the authority determined by other laws. In fact, normatively, in carrying out other obligations, notaries are required to report suspicious financial transactions that are supervised by the Financial Transaction Reports and Analysis Center. The expansion of these obligations is also not followed by adequate authority to be carried out optimally so that it seems absurd. The purpose of this study is to analyze the legal norms of implementing the obligation to report suspicious transactions in the use of notary services on the independence of notaries as public officials according to Law Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering jo. Government Regulation Number 43 of 2015 concerning Reporting Parties in the Prevention and Eradication of the Crime of Money Laundering in conjunction with Minister of Law and Human Rights Regulation Number 9 of 2017 concerning Application of the Principles of Recognizing Service Users for Notaries and Analyzing the authority of a notary in carrying out these obligations. The results of the study reveal that the determination of a notary as the reporting party does not interfere with the independence of the notary but in carrying out the reporting obligation the notary is not given adequate authority and these additional obligations are considered too far for the notary to carry out. The determination of a notary as the reporting party must be followed by an amendment to the Notary Position Act and the granting of clear and definite authority.

Keywords: Notary, Reporting, Suspicious Financial Transactions

Topic: Law on Criminal Act of Corruption and Asset Recovery