Implementasi Peraturan Presiden Nomor 13 Tahun 2018 Terhadap Adanya Kewajiban Notaris Melakukan Identifikasi dan Verifikasi Pengguna Jasa Dihubungkan Dengan Undang-Undang Nomor 2 Tahun 2014 Tentang Jabatan Notaris

Abstract

The implementation of duties as a notary who is subject to and bound by laws and regulations. The Ministry of Law and Human Rights issued Presidential Regulation Number 13 of 2018 concerning the Application of the Principle of Recognising Beneficial Owners of Corporations in the Context of Preventing and Eradicating the Crime of Money Laundering and the Crime of Financing Terrorism. The presence of this regulation, makes corporations must carry out transparency by requiring disclosure of the application of the principle of recognising the company's beneficial owners. Notaries have a very important role because of the obligation to make the deed of establishment of the legal entity in the form of a notarial deed. Requiring the application of the beneficial owner principle must be done, especially during the application for the establishment of a legal entity. This obligation certainly provides additional duties specifically to notaries outside of the authority that has been owned as a notary in general. There is a conflict over the overlap with the hierarchy of laws and regulations. The purpose of this study is to determine the implementation and legal consequences for notaries who do not implement Presidential Regulation Number 13 of 2018 concerning the Application of the Principle of Recognising Beneficial Owners of Corporations in the Context of Preventing and Eradicating Criminal Acts of Money Laundering and Criminal Acts of Financing Terrorism. This research uses empirical juridical methods by collecting data from primary materials in the form of interviews with the Cirebon Regency MPD as a supervisory institution for notary performance in accordance or not with the Notary Position Law. As well as secondary materials in the form of legislation and other literature relating to notaries with beneficial owners of companies. It is hoped that this research will explain the position of notaries and the legal certainty of the Notary Position Law in conjunction with Presidential Regulation Number 13 of 2018 so as not to cause ambiguity in the notary profession.