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Malang Study Finds Stronger Notary Oversight Needed to Ensure Legal Certainty
A study conducted by Syena Handoko Bimantoro, Rachmi Sulistyarini, and Diah Aju Wisnuwardhani from Universitas Brawijaya, Malang, Indonesia, has found that stronger supervision and more consistent enforcement are needed to ensure legal certainty in Indonesia’s notarial profession. Published in 2026 in the Jurnal Multidisiplin Madani (MUDIMA), the research examined how the Regional Supervisory Council (Majelis Pengawas Daerah/MPD) in Malang City monitors notaries who violate professional ethics. The findings reveal that while existing oversight mechanisms are functioning, challenges such as weak professional integrity, incomplete documentation, limited evidence, and restricted sanctioning authority continue to hinder effective enforcement.
The study is significant because notaries play a critical role in Indonesia’s legal system. Their authentic deeds serve as legally binding evidence in business transactions, property transfers, inheritance matters, and other civil legal relationships. Ensuring ethical conduct among notaries is therefore essential for public trust, legal certainty, and the integrity of the justice system.
Why Notary Ethics Matter
Notaries occupy a unique position as public officials authorized to create authentic legal documents. Because these documents carry strong evidentiary value, the public depends on notaries to act independently, honestly, and professionally.
However, ethical violations continue to occur across Indonesia. Common problems include failing to read deeds before clients, allowing deeds to be signed outside the notary’s presence, engaging in unfair competition, and cooperating with intermediaries or service bureaus to attract clients.
In Malang City, the Regional Supervisory Council is responsible for monitoring notarial conduct and ensuring compliance with the Law on Notary Office and the Notary Code of Ethics. Despite ongoing supervision, concerns remain regarding administrative irregularities, incomplete notarial records, and practices that may undermine professional standards.
According to the researchers, these issues create a gap between the legal obligations imposed on notaries and the realities of professional practice.
How the Research Was Conducted
The study used a socio-legal research approach that combined legal analysis with observations of how regulations are implemented in practice.
Researchers collected information through:
- Interviews with the Chairperson of the Regional Supervisory Council of Malang City.
- Reviews of laws and regulations governing notaries.
- Analysis of the Notary Code of Ethics.
- Examination of supervisory procedures and official documents.
- Assessment of reports and inspection findings involving notarial practices.
Rather than focusing solely on legal theory, the research explored how supervision actually functions in day-to-day professional oversight.
Key Findings
Supervision Combines Prevention and Enforcement
The study found that the Regional Supervisory Council implements oversight through both preventive and corrective measures.
Preventive supervision includes:
- Annual inspections of notarial protocols.
- Professional guidance sessions.
- Direct discussions with notaries.
Corrective supervision occurs when public complaints or evidence of misconduct emerge. In such cases, the council conducts investigations, organizes examination hearings, and submits recommendations to higher supervisory authorities.
The researchers conclude that this dual approach helps prevent violations while also providing mechanisms to address misconduct when it occurs.
Administrative Problems Remain Common
Inspection data from 2023 revealed that the Regional Supervisory Council supervised 163 notaries and inspected 67 of them.
Several recurring administrative issues were identified:
- Errors involving document amendments (renvoi) accounted for 26 percent of findings.
- Unbound or improperly organized deed records represented 20 percent.
- Inconsistencies between deed titles and contents accounted for 16.25 percent.
- Missing supporting documentation represented 12.5 percent.
Although these issues may appear technical, researchers note that administrative deficiencies can weaken legal certainty and compromise the evidentiary value of authentic deeds.
Most Public Complaints Were Not Proven
The council received nine public complaints during 2023.
Of these:
- Two complaints were proven to involve violations of the Law on Notary Office.
- Seven complaints were not substantiated or did not proceed to enforcement action.
The findings demonstrate the importance of due process in notarial supervision. Not every complaint automatically constitutes a violation, and allegations must be supported by sufficient evidence before sanctions can be considered.
Personal Integrity Is the Biggest Risk Factor
One of the study’s most important conclusions is that ethical violations are driven primarily by internal factors rather than external pressures.
Researchers identified several key causes:
- Weak personal integrity.
- Lack of ethical awareness.
- Poor administrative discipline.
- Inadequate commitment to professional standards.
External influences such as client demands, competition among notaries, intermediary services, and low public legal literacy also contribute to misconduct. However, the authors emphasize that individual integrity remains the most important determinant of ethical behavior.
A notary with strong professional ethics should be able to resist improper requests and maintain compliance with legal obligations regardless of external pressure.
Challenges Facing Supervisory Authorities
The study identified several obstacles that limit the effectiveness of oversight.
Among the most significant challenges are:
- Incomplete notarial records during inspections.
- Notaries who are unavailable during supervisory visits.
- Difficulty obtaining evidence for hidden violations.
- Limited public reporting of misconduct.
- Restricted authority to impose final sanctions.
The Regional Supervisory Council can investigate cases and issue recommendations, but final disciplinary decisions are generally handled by higher supervisory bodies. According to the researchers, this structure can slow enforcement and reduce legal certainty.
Implications for Indonesia’s Legal System
The findings highlight the need for stronger institutional coordination and more effective enforcement mechanisms.
The researchers recommend:
- Continuous ethics education for notaries.
- More rigorous routine inspections.
- Improved evidence-gathering procedures.
- Stronger monitoring of intermediary practices.
- Better coordination between supervisory councils and professional organizations.
- More consistent follow-up on violations.
These reforms could strengthen public confidence in authentic legal documents and improve accountability within the notarial profession.
For businesses, investors, and citizens who rely on notarial services, stronger oversight could provide greater legal protection and reduce the risk of disputes arising from improperly prepared documents.
Academic Perspective
According to Syena Handoko Bimantoro, Rachmi Sulistyarini, and Diah Aju Wisnuwardhani of Universitas Brawijaya, effective supervision requires more than formal regulations. Their research indicates that legal certainty depends on clear procedures, consistent enforcement, ethical professional culture, and strong institutional cooperation. The authors argue that preventive guidance and routine inspections should be strengthened alongside enforcement mechanisms to ensure that notaries fulfill their responsibilities in accordance with both legal requirements and professional ethics.
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