Notary's Position as a Mediator in Resolving Disputes

Abstract

A Notary is bound by Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries (Notary Law). According to the Notary Law, a notary cannot have a profession that interferes with his performance, including being a mediator. In reality, notaries are often found mediating parties faced with civil disputes. The problem that will be analyzed in this research is the position of a Notary as a Mediator for the parties regarding the Deed they make without violating the PJN code of ethics and how to implement mediation by the Notary for the parties. The type of research used is an empirical legal research method because it directly examines several notaries in Malang City. The results of this research state that a notary can act as a mediator in resolving ongoing disputes for the parties regarding the Deed they have made. Notaries can mediate disputes without violating the code of ethics for notary office regulations, as stated in Chapter II, article 2 of the Notary Code of Ethics. A notary who carries out the function of a mediator can occur if the condition of the dispute or the parties have not found a mutual agreement. In a legal relationship regarding a legal act that they want to carry out, it is necessary to have a third party who helps to find a solution and find an agreement jointly representing the interests of the parties so that they can be resolved together.