LEGAL CONSEQUENCES FOR A NOTARY PUBLIC WITH DOUBLE PROFESSIONS AS A RECTOR OF A PRIVATE UNIVERSITY BASED ON LAW ON OFFICE OF NOTARY PUBLIC

: This research discusses juridical consequences for a notary with double professions as a rector of a private university according to Law on office of notary public. The purpose of this research is to explore and analyze the juridical consequences and sanctions for a notary with double professions as a rector or lecturer of a private university according to Law on office of notary public and code of ethics. This is normative legal research. This research shows that Article 17 Letter f of UUJN explicitly mentions the prohibition for a notary to has double professions as a manager or an employee of a State-owned Enterprise, a Municipally-owned Corporation, or a private company. A notary public who becomes a rector or lecturer at a private university is not assumed to violate the provision of Article 17 letter f UUJN. However, a notary with double professions can get administrative sanction in the form of a written warning, temporary layoff, honorably or dishonorably discharge.


INTRODUCTION
According to UUJN-P (Law on Office of Notary Public), in accomplishing duties, a notary public must follow and obey every regulation in Law Number 02 Year 2014 Concerning Notary Public (UUJN-P).Chapter III Article 15, 16, and 17 Law on office of notary public, regulates a notary public's authorities, duties, and prohibitions.Every notary public must be tied and obey the regulation controlling the notary public, which is UUJN-P and code of notary ethics. 1 Code of notary ethics is an entire moral rule created by the Indonesian Notary Association which must be obeyed by all members of the association and every notary public, including every notary public temporary official, substitute notary public, and special substitute notary public. 2Code of notary ethics consists of all responsibilities, prohibitions, and exceptions for a notary public in accomplishing the duties.A notary can obtain sanction if he or she is proven to violate the regulations in the code of notary ethics. 3rticle 17 letter (f) of UUJN-P has mentioned explicitly that a notary public is prohibited to have double professions and doing a job that violates the religious norm, morality, or appropriateness which affects the honor and dignity of a notary public. 4If the notary public violates the regulations, the sanctions mentioned in UUJN-P and Article 6 of the notary ethical code will be in the form of a verbal warning, written warning, schorsing, or temporary layoff, onzetting, or honorably discharge to dishonorably discharge. 5A notary public is prohibited to have double professions, so if the notary violates this regulation, it will affect its notarial deed. 6Based on Article 3 ethical code of the Indonesian Notary 1 Faradina, Persaingan Tidak Sehat Antar Rekan Notaris Sebagai Dampak Dari Penetapan Tarif Jasa Notaris Dibawah Standar Ditinjau Dari Undang-Undang Nomor 30 Tahun 2004 Tentang Jabatan Notaris Dan Kode Etik Notaris, Unpublished Thesis, Jakarta: Universitas Indonesia, 2011, p. 1  Association (Ikatan Notaris Indonesia), a notary public is required to have morality, attitude, and good personality; respect and uphold the dignity of a position as a notary public.A notary public also must accomplish the duties that must be obeyed and completed but not limited to the regulations in law on office of notary public. 7rticle 9 of UUJN-P mentions that a notary who violates the regulations can get sanctions from the Notary Supervisory Board based on the report by the Notary Regional Supervisory Board following the report by people in society related to violations of notary ethical codes or regulations in UUJN-P.In line with previous juridical problems, the research problem appropriate to this research is, "What are the juridical or legal consequences for a notary public with double professions as a rector or a lecturer in a private university based on Law on Office of Notary Public and code of notary ethics?The purpose of this research is to explore and analyze the juridical consequences for a notary with double professions.The urgent of this research is the fact that having double professions for notary public as a rector or a lecturer in a private university has created pros and cons from others, even from academics, practitioners, and other related parties.Therefore, it is principal to find the reason behind the double professions as a rector or lecturer of a private university.
Jeffry Tanugraha researched the law impact of the notarial deed from a notary with double professions as a government official, and the relationship between the prohibition to have double professions as a government official and its accomplishment for the duties and authorities as a notary. 8Recent research is different because the focus is on the discussion of a notary's double professions as a rector or lecturer of a private university based on the law on office of notary public.

METHOD
This is normative legal research for library research, which means it analyzes the normative legal materials. 9The approaches for this research are the statue approach and conceptual approach.The legal materials are from secondary data or library research.The legal materials are divided into primary law material10 (Law Number 2 Year 2014, code of ethics, and other laws), secondary law material (books, journals, seminars), and tertiary law material (law dictionaries and papers).The technique of data collection is documentation, which are documents from various relevant references.

RESULTS AND DISCUSSION
The legal profession is a profession that sticks and applies to a law career in the government sector of a country.A notary public is elected by the authority based on laws, not from personal interest but for a country. 11Therefore, to establish a good legal instrument or profession, that its regulations in line with reality, will need good cooperation between legal institutions and legal educations.
In performing its authority, a notary public must follow the regulations in Article 15 of UUJN-P.Furthermore, a notary public generally must obey other regulations related to the notarial deed in its authority.UUJN-P does not only regulate the duties but also the prohibitions on the profession of a notary public. 12One example of prohibition for a notary public is to have double professions.This prohibition is mentioned in Article 3 letter (g) of UUJN-P.It says that a notary public is not a civil servant, government official, advocate, or other professions that are prohibited by laws.The prohibitions for notary publics are also regulated in Article 17 of UUJN as mentioned in the following: a. performing their position as a notary public outside their office area; b UUJN-P strictly set the prohibitions of having double professions for a notary public, so the supervision for the Notaries is very essential to help them accomplish their duties under regulations.However, in universities, especially for some law colleges and private universities that have law faculty or graduate and postgraduate program, a lot of practitioners in law like notary publics, advocates, judges, or other legal practitioners who are eligible to share their knowledge for academics, as such as being lecturers in public or private universities.They are expected to give a contribution as lecturers by providing a well-balanced approach and understanding between law theory and practice in reality, like between das sollen and das sein.
Double professions are performed by legal professionals and practitioners who also have status as notary publics.There is a hesitancy whether working as a notary and a rector or lecturer is assumed as double professions.This hesitancy brings pros and cons which resulted in legal uncertainty.The provisions related to a notary with double professions as a rector and lecturer are not found in Law on Office of Notary Public, Law Number 14 Year 2005 concerning Teachers and Lecturers, and other regulations.Nevertheless, it is not that simple.There is a question of whether the limitation, conflict of interest, and legal vacuum exist.The existence of notaries as part of law implementation as proven through notarial deeds to give legal certainty to the society who use the notarial services. 13Consequently, notary publics must be neutral during performing their duties without taking sides.
In reality, there are a lot of notary publics with double professions as a rector or lecturer at an educational institution like private universities.The prohibition on doubling for a notary public as a rector or a lecturer related to the specialization that requires a notary public to be professional by concentrating on merely one profession as a notary public.Furthermore, the prohibition can avoid conflict of interest and help the notary public to consistently be neutral and independent.The prohibition is also because of the natures of the notary's job which are independent, individualist, bossless, trustworthy, and virtuous.Also, this profession has fewer laws and regulations, so in the field, it tends to meet various offenses.
The notary publics with double professions as rectors of private universities or lecturers in law faculty are different.Lecturers from the notarial profession are needed by the universities for establishing the real atmosphere of the notarial profession in academics.A notary public with double professions can invite some questions from sociology and law perspectives.A lecturer is a professional educator who has the responsibility to develop, transform, and share knowledge, technologies, and arts through education, research, and community service.A lecturer is required to have an academic qualification, competence, educator certification, and physical and mental health.The minimum academic qualification is a magister degree for Kenotariatan, Second Book, (Bandung: Citra Aditya Bakti, 2013), p. 220 14 Supriadie, Komunikasi Pembelajaran, (Bandung: Remaja Rosdakarya, 2012), p.9.
teaching diploma or bachelor degree, and doctorate for teaching graduate or postgraduate. 14 lecturer has a duty to teach and guide the students for obtaining their relevant competencies and has a responsibility to develop the sciences and knowledge through research regularly.
Whereas, the notarial profession is a profession based on trust.A notary public is not allowed to act on behalf of one side. 15It will guarantee integrity and social trust in using notarial services.
Human attitudes are done consciously and unconsciously in three dimensions.They are science, skills, and desire. 16Based on an interview conducted with a notary public, the reason for doubling as a lecturer of public and private universities was the requirements for graduate students of notary program to be taught by lecturers who have a doctorate and notarial profession of land deed official.It helped the students to learn directly from the practitioners before being the real notary publics.The interviewee also mentioned that the more public universities (PTN) and private universities (PTS) having master's degrees in notary programs, the more practitioners for education, and the more competition among the candidate of notary publics in the future.
The UUJN-P has regulated the rights and duties also prohibitions for a notary public as a public official.Article 1 and Article 15 of UUJN have emphasized that the main responsibility of a notary public is to make authentic deeds. 17Furthermore, a notary public also gives legal advice to whom it may concern.In giving legal advice, a notary public can accomplish it in several ways, in the office or outside the office, and educational institutions like magister degree of notary program for a place to give the legal advice.Another notary public to be interviewed also said that a notary who was also a lecturer in a master of notary program was a social worker.Hence, doubling as a lecturer in a notary program has a spiritual value to share knowledge and experiences as a notary, give the heart and thought between working in the office and teaching in the campus, and also sacrifice the time.A campus is a place for the notary public official to fill the spiritual needs by giving charity as part of the notarial services.Moreover, the notary with double professions as the lecturer is usually more motivated to learn.There is an open opportunity for the notary to conduct research, publish scientific papers, and give constructive criticism and suggestions for legal education especially in the common law.Third, the notary who also works as the lecturer will be more upgrade and update, because the reality in life is also 17 Hendra, Tanggung Jawab Notaris Terhadap Akta Otentik Yang Penghadapnya dynamics and changeable.The sciences will be changed and developed, so it will impact to learning and teaching process in education.

Notaries with Double
Professions as Rectors of Private Universities Doubling as a rector of a private university, a notary public should have extra time, so he/she must be able to manage the time wisely to give notarial services in the common law.It is different if the notary doubling as the lecturer, managing the working time will be more flexible.If it is referred to regulation in Article 17 verse (1) letter i of UUJN, which mentions "A notary public shall be prohibited from performing another job in contravention of religious, ethical, or appropriateness norms that can influence the honor and dignity of office of the notary public," the work as a rector is not against the regulation.
Related to the establishment of a private university, it can be done by a foundation.Article 1 verse 1 of Law Number 16 Year 2001 on Foundations defines a foundation as a statutory body consisting of separated assets for achieving objectives in social, religious, and humanitarian fields.As the result, to achieve social objectives a formal education is established through the existence of higher education.The explanation about the foundation as a non-profit organization is emphasized in Article 3 verse ( 1 Education implicitly mentions that private higher education can only be established by a non-profit legal entity.A non-profit legal entity in Article 60 Law Number 12 year 2012 on Higher Education refers to the activities accomplished by the entity are not subjected to get profit, so all residual income must be given to the university to improve the capacity or the education quality.Therefore, the establishment of a university cannot be done by any profitable entity such as the Stateowned Enterprise, the Municipallyowned Corporation, or the private company.It is a logical consequence for the foundation due to its status as a non-profit entity, but it is still allowed to keep its assets to an entity following the law regulations. The profession as a notary public needs public trust.Consequently, this profession must be supervised to ensure that the notarial services can be implemented following the applicable law for avoiding fraudulence.The objective of this supervision is to protect all rights, authorities, and duties in notary publics following the applicable laws, ethics, and morals for maintaining legal protection and legal certainty in the common law.The supervision is done through Notary Supervisory Council following the laws as regulations and guides. 18To maximize the function of the notary public, the function of the Indonesian Notary Association (INI), Notary Supervisory Council, Notary Public Honorary Council, and Higher Education as an institution providing a notary program should also be improved.The objectives of INI as an association for notary publics in Indonesia are to affirm the truth and justice and maintain the nobility and dignity of the notarial profession as the excellent public official as part of service to God Almighty, to Nation and Country for reaching legal certainty, unity, and welfare of its members.
A.A. Andi Prajitno has strictly mentioned that besides doubling as an educator, a notary public may also have other professions as a land deed official (PPAT), a Class II Auction Officer, and a Mediator which mentioned in Article 1 verse (6) of PERMA No. 01/2008. 19oreover, it is also strictly mentioned that doubling as a lecturer is allowed if it is not as a civil servant (Article 17 letter c UUJN-P).If it is constructed into a contrario argument from Article 17 letter i of UUJN-P, a notary public may also have another job that is not in contravention of religious, ethical, or appropriateness norms that can influence the honor and dignity of the office of the notary public.

Sanctions for Notary Publics with Double Professions
Indonesia as a legal state based on Pancasila and the 1945 Constitution guarantees certainty, law and order, and legal protection for every citizen.Friedrich Julius Stahl characterizes the state of law concept into four main elements: (1) recognition and protection of human rights; (2) the country is based on trias politica; (3) the governance follows rule of law (wetmatigheid van bestuur); and (4) the existence of administrative court to handle government's infractions (onrechtmatige overheidsdaad). 20The notary public is merely a human when completing the duties can make mistakes or infractions.Legal sanctions can be defined as media Nusantara, 2010), p.78.  to protect people's interests and physics (soul, property, liberty, body) by giving punishments as the sanctions for the infractions. 21The notary publics' prohibitions when accomplishing their duties and responsibilities are guided in Article 17 UUJN-P on office of notary public.If the notary publics violate a prohibition, the notary publics will get a sanction as regulated in Article17 verse 2 UUJN-P which mentions: The notary publics who disobey the regulations mentioned in verse (1) will get one of the following sanctions: a. written warning; b. temporary layoff; c. honorably discharge; or If a notary is proven to commit an infraction to the duties and prohibitions as regulated in Article 16 and 17 of UUJN-P, the sanction in the form of civil sanction, administrative sanction, sanction for violating the code of ethics, or even criminal sanction will be given. 22dministrative sanctions are sanctions caused by the relationship between the government and the citizens (through authorized institutions).Without a judge as a mediator, the sanctions can be directly given by the government. 23Civil sanctions are usually given to the infractions of private laws, which regulate the relationship among individuals' interests. 24Oh the other hand, sanctions for violating code of ethics can be given to the notary publics who breach the notary ethical codes.Civil sanctions are given to the notary public due to the infractions on some articles in UUJN-P which cause degradation of an authentic deed to a private deed.Then, it will be a reason for the parties who suffer by such breach to demand compensation, fee, and interest to the notary publics. 26Civil sanctions are usually given to an infraction on the common law.This infraction is related to the regulations in Article 16 verse (1) letter m, verse ( 7) and ( 8), Article 41 which pointed to Article 38, Article 39 and Article 40, Article 44 verse (1) to (4), Article 48 verse (1) and (2), Article 49 verse (1) and (2), Article 50 verse (1) to (4), and Article 51 verse (2) which caused a deed to be recognized as a private deed and became a reason for the suffering parties to prosecute the notary public.
Law on office of notary public has regulated in detail about the authentic deed making, its prohibitions, its duties notary public, and its sanctions if it is proven to Utama, 2003), p. 15.  of the Indonesian Notary Association (I.N.I), a notary public must have good morale, attitude, and characteristics.A notary public must respect and uphold the honor and dignity of the notarial profession, protect and defend the honor of the association, be honest, be independent, be non-unilateral, full of responsibility, develop the knowledge not limited to knowledge on law and notarization, and prioritize the service to the society and the country.In Article 3, it is mentioned that a notary public is obligate to have honor and dignity which can help society or the prospective clients without considering their social status.Giving a sanction for the notary public who commits an infraction should consider these characteristics such as the action is prohibited by law, there is a loss caused by the action, and the action should against the law either formal or material.Article 13 mentions that: "Without decreasing the regulations of the procedures to give sanctions in stages, for the members who violate the Law No. 30 year 2004 on Office of Notary Public and are convicted to be guilty based on judgment with permanent legal force, The central committee is obligated to give temporary dismissal as the members of the association and to submit a proposal for dismissal to the congress." Sanctions for violating the regulations by the notary publics are completed in accordance with UUJN-P which means in accomplishing their duties and responsibilities, the notary publics are demanded to be responsible for themselves, clients or society, and also for the God.The regulations in Article 16 and 17 of UUJN-P obviously mention the duties and prohibitions for the notary public.If a regulation is disobeyed, there will be a sanction for the notary public.It is not only for the notarial profession, but also for other professions.All professions have strict regulations for the sake of the organization or the community.

CONCLUSION
A notary public in accomplishing the duties and profession must obey the UUJN (Law on office of notary public) and the notary ethical codes.A notary public who teaches as a lecturer in a private university is still acceptable by law and ethical code of Indonesian Notary Association as long as the university is established by a legal foundation not by State-owned Enterprise, Municipallyowned Corporation, or private company.The notary public is not allowed to have profession as a civil servant lecturer.Furthermore, Article 17 letter f of UUJN explicitly mentions the prohibition for a notary public to have double professions as a manager or an employee of a State-owned Enterprise,a Municipally-owned Corporation, or a private company, because of the conflict of interest.It is suggested that a notary public to complete the duties and responsibility must follow the oath of office.However, the sanctions for double professions are still weak.