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Harmonization of Notary Honorarium Arrangement Related to the Notarial Deed Authority: Toward Legal Certainty

By Ni Ketut Supasti Dharmawan, Suksma Prijandhini Devi Salain, I Gst. Ngr. Bgs. Putra Prianatha

Law and World · Vol. 11, No. 33, pp. 22-34 · 2025

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Abstract

This research aims to examine and analyze the legal consequences caused by the degradation of the notary honorarium from the perspective of the principle of legal certainty. In addition, this research also focuses on identifying and formulating the basis for consideration to harmonize the regulation of notary honorarium. This research uses a normative research method, which analyzes laws and regulations related to the topic discussed. The research approach uses statutory, analytical, and conceptual approaches. Primary legal materials consist of rules and regulations relevant to the research issue and secondary legal materials consist of research results, literature, seminars, discussions, and information from internet sources. The technique of collecting legal materials was carried out through literature studies, and legal documents. The legal materials that have been collected are analyzed using a qualitative descriptive analysis method. The disharmony between the Law on Notary Position and the Notary Code of Ethics regarding honorariums creates legal confusion. The Law on Notary Position only regulates the maximum honorarium without providing a minimum limit, while the Code of Ethics sets a minimum honorarium. This creates a dilemma for notaries, between complying with the Law on Notary Position or facing ethical sanctions. Weak supervision also exacerbates the problem and triggers unfair honorarium competition. Therefore, it needed legal harmonization between the Law of Notary and the Code of Notary Ethics toward legal certainty.

Details

Publication type
Journal article
Author
Journal
Law and World
Publication
March 31, 2025
Volume
11
Issue
33
Pages
22-34
Language
English
DOI
10.36475/11.1.2
ISSN
2346-7916
Institutions
Udayana University
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Private Law

Keywords

Harmonization Notary Honorarium Arrangement the Notarial Deed Authority Legal Certainty

Cite this record

Dharmawan, N. K. S., Salain, S. P. D., & Prianatha, I. G. N. B. P. (2025). Harmonization of Notary Honorarium Arrangement Related to the Notarial Deed Authority: Toward Legal Certainty. Law and World, 11(33), 22-34. https://doi.org/10.36475/11.1.2
Dharmawan, Ni Ketut Supasti, Suksma Prijandhini Devi Salain, and I Gst. Ngr. Bgs. Putra Prianatha. "Harmonization of Notary Honorarium Arrangement Related to the Notarial Deed Authority: Toward Legal Certainty." Law and World 11, no. 33 (2025): 22-34. https://doi.org/10.36475/11.1.2.
@article{dharmawan2025_mfh1m0,
  title     = {Harmonization of Notary Honorarium Arrangement Related to the Notarial Deed Authority: Toward Legal Certainty},
  author    = {Dharmawan, Ni Ketut Supasti and Salain, Suksma Prijandhini Devi and Prianatha, I Gst. Ngr. Bgs. Putra},
  year      = {2025},
  journal   = {Law and World},
  volume    = {11},
  number    = {33},
  pages     = {22--34},
  doi       = {10.36475/11.1.2},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/668},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Dharmawan, Ni Ketut Supasti
AU  - Salain, Suksma Prijandhini Devi
AU  - Prianatha, I Gst. Ngr. Bgs. Putra
TI  - Harmonization of Notary Honorarium Arrangement Related to the Notarial Deed Authority: Toward Legal Certainty
PY  - 2025
JO  - Law and World
VL  - 11
IS  - 33
SN  - 2346-7916
DO  - 10.36475/11.1.2
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/668
AB  - This research aims to examine and analyze the legal consequences caused by the degradation of the notary honorarium from the perspective of the principle of legal certainty. In addition, this research also focuses on identifying and formulating the basis for consideration to harmonize the regulation of notary honorarium. This research uses a normative research method, which analyzes laws and regulations related to the topic discussed. The research approach uses statutory, analytical, and conceptual approaches. Primary legal materials consist of rules and regulations relevant to the research issue and secondary legal materials consist of research results, literature, seminars, discussions, and information from internet sources. The technique of collecting legal materials was carried out through literature studies, and legal documents. The legal materials that have been collected are analyzed using a qualitative descriptive analysis method. The disharmony between the Law on Notary Position and the Notary Code of Ethics regarding honorariums creates legal confusion. The Law on Notary Position only regulates the maximum honorarium without providing a minimum limit, while the Code of Ethics sets a minimum honorarium. This creates a dilemma for notaries, between complying with the Law on Notary Position or facing ethical sanctions. Weak supervision also exacerbates the problem and triggers unfair honorarium competition. Therefore, it needed legal harmonization between the Law of Notary and the Code of Notary Ethics toward legal certainty.
KW  - Harmonization
KW  - Notary Honorarium Arrangement
KW  - the Notarial Deed Authority
KW  - Legal Certainty
KW  - ჰარმონიზაცია
KW  - ნოტარიუსის ჰონორარის რეგულირება
KW  - სანოტარო აქტის შედგენის უფლებამოსილება
KW  - სამართლებრივი განსაზღვრულობა
SP  - 22
EP  - 34
ER  -
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