Legal Consequences of Violating the Obligations of Prospective Intern Notary: A Study of Legislation

This study examines and analyzes the legal consequences of violations of obligations committed by prospective intern Notaries based on Law Number 30 of 2004 and Law Number 2 of 2014. This study uses normative legal research with the statute and conceptual approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the Article 16A of Law Number 2 of 2014 prescriptively indicates that prospective intern Notaries have attributive authority in doing authentic deeds. On the other hand, it reveals no additional articles providing sanctions if a prospective intern Notary violates this Article 16A of Law Number 2 of 2014. Despite these conditions, prospective intern Notaries ignoring their obligations are not exempt from legal consequences under Article 444 section (1) of Law Number 1 of 2023, Article 1365 of the Civil Code, and Article 12 point 3 of INI Regulation Number 19/PERKUM/INI/2019. Therefore, it is recommended that all stakeholders, including prospective intern Notary and Notary accepting intern, strictly adhere to the legal and regulatory framework governing internships. Further, the House of Representatives could consider for Amendment to Law Number 30 of 2004. In this case, legislation formation must provide more explicit provisions on the limitations and responsibilities of prospective intern Notaries and the consequences of violations. Clarifying these aspects could prevent misunderstandings, enhance the effectiveness of the internship program, and ultimately improve the overall quality and integrity of the Notary profession.


INTRODUCTION
The state plays a crucial role in providing public services to its citizens, including offering opportunities to obtain legal documents on civil law (Rakia, 2021). This role is vital in establishing and maintaining a balance between personal and communal interests within society. A society comprises individuals living together in a social group, as per the legal norm "ubi societas ibi ius," which means where there is society, there is the law (García, 2018).
In meeting these interests, Notaries serve as public officials representing a portion of the state's power in civil law. They must assist citizens in acquiring evidence in legal documents formalized into authentic deeds with excellent probative value. The Notary is viewed as a public official performing a portion of the state's PENDAHULUAN Negara memainkan peran penting dalam memberikan layanan publik kepada warganya, termasuk memberi kesempatan untuk mendapatkan dokumen hukum terkait hukum keperdataan. Peran ini sangat penting dalam membangun dan menjaga keseimbangan antara kepentingan pribadi dan bersama dalam masyarakat. Suatu masyarakat terdiri dari individuindividu yang hidup bersama dalam suatu kelompok sosial, sesuai dengan norma hukum "ubi societas ibi ius" yang berarti di mana ada masyarakat di situ ada hukum.
Dalam memenuhi kepentingan tersebut, Notaris berperan sebagai pejabat umum yang mewakili sebagian kekuasaan negara dalam hukum perdata. Mereka harus membantu warga negara dalam memperoleh alat bukti berupa surat-surat hukum yang diformalkan menjadi akta autentik dengan nilai pembuktian yang sempurna. Notaris dipandang sebagai pejabat umum public functions, specifically in civil law, as regulated in Law  The provisions above closely relate to the theory of legal responsibility. According to Notoatmodjo (2010), responsibility for the impacts of individual freedom in action relates to ethics and morals when exercising authority and fulfilling obligations. Meanwhile, Kelsen (2018) argued that a person is legally responsible for specific actions or sanctions for acts that contradict what has been done. Therefore, a Notary as a public official holds legal and ethical responsibility in executing their duties and will face the consequences for violations committed.
A Notary must possess a sense of responsibility, realized through an internship period as a prospective Notary. Article 3 point f of Law Number 2 of 2014 emphasizes that the internship period is mandatory for appointing a Notary. Therefore, a prospective Notary must hold a bachelor of law and intern at a Notary Public's office for two years after graduating with a master of Notary. This internship is essential Related to the above, previous studies have explored issues concerning the position and obligations of prospective intern Notaries. Yudha and Putra (2021) concluded that even if prospective Notaries do not intern properly but receive an Internship Certificate, they can still be appointed Notaries. This appointment occurs because they meet the requirements regulated in Law Number 2 of 2014. Conversely, prospective Notaries who do not fulfill their internships properly will not receive sanctions, as they are not yet bound by Law Number 2 of 2014.
On the other hand, Prabowo and Mulyoto (2021) concluded that the obligations outlined in Article 16A of Law Number 2 of 2014 lean more towards obligations for Notaries rather than prospective intern notaries. Therefore, there needs to be a provision in Law Number 2 of 2014 explicitly governing the authority, obligations, and sanctions for prospective intern notaries.
From the two studies above, prospective intern notaries must have clear internship rules to prevent harm to the Notary offices where they intern. Unfortunately, no provisions in Law Number 2 of 2014 regulate the imposition of sanctions against prospective intern Notaries if they fail to fulfill their obligations according to existing regulations. Thus, this situation poses a challenge and necessity in evaluating and amending regulations about Notaries and Notary internships to maintain the integrity and professionalism of this profession.
Based on the introductory description above, this study aims to examine and analyze the legal consequences of violations of obligations committed by prospective intern Notaries based on Law Number 30 of 2004 and Law Number 2 of 2014. This study hopes to provide a more transparent and more profound understanding of the responsibilities and legal consequences that can arise for prospective intern notaries who violate their obligations. Moreover, this study also aims to fill the existing legal void and provide recommendations for applicable legal policies.

METHOD
This study uses normative legal research methods with the statute and conceptual approaches (Qamar & Rezah, 2020). The legal materials used in this study include legislation, books, scientific law articles, and online materials discussing prospective intern Notaries' obligations. The collection of legal materials is carried out using a literature study technique. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes (Sampara & Husen, 2016).

RESULTS AND DISCUSSION
The concept of a Notary originated from society's need for robust and binding evidence, more than mere oral testimony (Zenkner & Silva, 2018). Historically, Roman Emperor Justinian recognized the importance of alternative proof considering the complexity and intricacy of agreements within a developing society. Hence, Emperor conceived the idea of written evidence to overcome the limitations and weaknesses of witness testimony. The term 'Notary' originates from "nota literaria," meaning a written mark or character used to express the sentences of the concerned party. This writing mark was utilized for shorthand or stenography.
At its core, a Notary is a public official whose duty is to provide authentic evidence to meet societal needs, granting legal certainty, especially in civil law (Budify et al., 2020). The Notary profession began to be recognized in Indonesia at the beginning of the 17th century, marked by the arrival of the Vereenigde Oostindische Compagnie (VOC) (Firmansyah & Adjie, 2018). According to Article 1 point 1 of Law Number 2 of 2014, a Notary is defined as a public official authorized to make authentic deeds and has several other powers.
The presence of a Notary as a public official is crucial in the context of making authentic deeds. An authentic deed is perfect evidence of actions, agreements, decisions, and legal events made before or by an authorized official (Prakoso & Sukirno, 2023). This evidence provides Notary service users certainty, order, and legal protection.
Given the significant duty of Notaries in providing legal services to the public, their protection and assurance are vital for achieving legal certainty. Based on this, it becomes evident that a Notary's role is vital in providing legal certainty and strengthening the integrity and public trust in the legal system (Ayudiatri & Cahyono, 2022).
Becoming a Notary begins with obtaining a Bachelor of Law degree and graduating from a Master of Notary program. Subsequently, prospective Notaries must undergo a two-year internship at a Notary Public's office. In this regard, Article 16 section (1) point n of
Menjadi Essentially, this internship period aims to shape professional and competent Notaries. Additionally, the internship aims to enhance the legal quality of prospective Notaries, generally determined by their moral values.
Moral values serve as a measure to determine whether a person's actions are right or wrong, good or bad, from a humanitarian perspective. On the other hand, as a public official, a Notary has an ethical code for performing their duties. Thus, this internship experience is expected to create professional Notaries capable of upholding the ethical code. For example, Article 3 section (4)  Ethics can be divided into two types: behavioral ethics and moral ethics. Behavioral ethics relates to customs reflecting human behavior in societal life at a particular time and place. At the same time, moral ethics concern excellent and proper behavior according to human nature. Both types of ethics intertwine, with ethics serving as a critical reflection of morality and helping in seeking orientation towards existing norms and values.
In performing their duty, Notaries hold authority and obligations that must be fulfilled under applicable legislation. They must be responsible in executing their duty, which means they must be prepared to perform their duties within their role as best as possible, act proportionally without distinguishing between paid and pro bono (free of charge) cases, and be willing to provide responsibility reports for their duty execution.
Prospective intern Notaries should understand the explanation above and their obligations regulated in Law Number 2 of 2014. However, there is an inconsistency where prospective Notaries, who are also involved in the making of authentic deeds and responsible for keeping deed drafts confidential, are not yet bound by the oath and pledge of the Notary Public's office (Dewi et al., 2019). Considering the importance of a Notary's duties and responsibilities, some discussions need further examination. First, studying and analyzing the obligations of prospective intern Notary based on Law Number 2 of 2014. Second, examining the legal consequences for prospective intern Notaries who violate their obligations under Law Number 2 of 2014.
Nilai-nilai moral berfungsi sebagai ukuran untuk menentukan apakah tindakan seseorang benar atau salah, baik atau buruk, dari perspektif kemanusiaan. Di sisi lain, sebagai pejabat umum, Notaris memiliki kode etik dalam menjalankan tugasnya. Dengan demikian, pengalaman magang ini diharapkan mampu menciptakan Notaris profesional yang mampu menjunjung tinggi kode etik. Misalnya Pasal 3 ayat (4)  This internship requirement plays a crucial role in the Notary profession, ensuring the profession's quality and integrity and supporting the preparation of prospective intern Notaries to formulate and implement legal practices effectively. According to Article 3 section f of Law Number 2 of 2014, the internship requirement is a marker of commitment and concern in producing competent Notaries ready to perform their duties and, therefore, is relevant in the context of Notary appointments.
As an essential step for prospective intern Notary, internships serve as a bridge between theory and practice, functioning as a transition and learning period. During the internship period, typically four semesters, prospective intern Notary can gain practical insights and hone skills in the notarial field. This experience encompasses various aspects of Notary work, from administrating a Notary Public's office and understanding Notary ethics to mastering the fundamentals of creating deeds of various agreements and establishing legal entities.
The primary objective of this internship requirement is to ensure that each individual who wishes to perform Notary duties has adequately prepared and meets the established standards (Dewi & Permana, 2022). This requirement involves applying theoretical knowledge in real situations and interacting with various practical aspects of Notary work. The internship period also allows prospective intern Notaries to adapt to this profession's daily dynamics and challenges.
The internship period offers prospective intern Notaries the opportunity to participate in various notarial duties and activities actively. Instead of merely observing, they get directly involved in actual practices under the supervision and direction of the Notary accepting intern. Accordingly, prospective intern Notary partakes in various practical aspects of the work, including preparation and completion of deeds, interaction with clients, and how to apply law and ethics in real-life situations.
Moreover, a Notary accepting intern also plays a role in transferring professional values and ethics to a prospective intern Notary. They guide prospective intern Notaries through potential ethical and professional challenges, ensuring they understand the importance of maintaining integrity and professionalism. Therefore, the role of experienced Notaries in this internship process guarantees the transfer of knowledge and technical skills and the formation of appropriate work attitudes and ethos.
Consequently, the role of an experienced Notary in preparing prospective interns Notary becomes a vital aspect of the internship process and an integral part of the formation of competent and ethical Notaries. This process underscores the importance of mentoring in the education and formation of Notaries and how this approach helps ensure prospective intern Notaries possess the skills, knowledge, and ethics required to perform their duties effectively and professionally.
Furthermore, ethics and professional behavior play a vital role in notarial practice, and this expectation also applies to prospective Notaries during their internship period. In this regard, Article 16A section (1)  The provisions above demonstrate that the obligations of a prospective intern Notary are integrated into legal practice and reflect the essence of the Notary profession. As pivotal contributors, they are responsible for maintaining the trust of clients and the general public by executing their duties trusty, including preserving the confidentiality of information and legal documents. dan contoh yang mewakili praktik ideal dalam profesi notaris. Melalui interaksi dan bimbingan mereka, calon Notaris magang memperoleh pengetahuan praktis dan pemahaman profesi yang mendalam.
Honesty also stands as a crucial pillar in their duties. Prospective Notaries ensure integrity and transparency in each legal process by providing all parties with accurate and truthful information. Furthermore, actions that could tarnish the profession's reputation, such as fraud, must be avoided.
The role of thoroughness in performing duties and responsibilities cannot be overlooked. Prospective Notaries should demonstrate the ability to work judiciously, ensuring each detail, from data collection to document finalization, is executed thoroughly and without error. This thoroughness attitude includes a deep and precise understanding of the prevailing law and the appropriate application of regulations.
Action and freedom are independent of external influences, whereas prospective Notaries must be capable of making decisions based on their understanding of law and ethics (Zulfan, 2021). Prospective Notaries must maintain neutrality and impartiality in each legal process, ensuring all parties receive equal and fair treatment.
One of the last but no less essential obligations is to safeguard the interests of all parties involved in the legal process, including clients, the public, and other legal interests. This obligation forms an integral part of the standards and ethics of the profession, where compliance errors could result in legal sanctions and damage to the reputation of the Notary Public's office.
Besides the obligations outlined above, Article 16A section (2) of Law Number 2 of 2014 regulates that: "In addition to the obligation referred to in section (1), a prospective Notary must keep confidential everything regarding the Deed they made and all information obtained for doing the Deed." The provisions above indicate that the obligation of a prospective notary apprentice to maintain confidentiality is given greater emphasis. Two significant aspects of this confidentiality involve the Deed made by the prospective Notary and all information obtained during the Deed's making process.
According to this provision, prospective Notaries must keep confidential all details related to their Deeds. This protection includes all elements of the Deed, from the specifics of the agreement or legal transaction, the identities of the involved parties to any additional information that can be included in the Deed. This confidentiality protection aims to maintain the parties' privacy in the Deed and uphold public trust in the Notary profession.
Furthermore, prospective Notaries must keep all information they obtain confidential during the Deed's making process. This information could include personal data, financial details, or business information provided by the client as part of the Deed making Kejujuran juga berdiri sebagai pilar penting dalam tugas mereka. Calon Notaris memastikan integritas dan transparansi dalam setiap proses hukum dengan memberikan semua pihak informasi yang akurat dan benar. Selain itu, tindakan yang dapat menodai reputasi profesi, seperti penipuan, harus dihindari.
Article 16A section (2) of Law Number 2 of 2014 prescriptively indicates that prospective intern Notaries have attributive authority. The 1945 Constitution and Laws delegate attributive authority to a government institution. Still, a deeper interpretation of the article shows that prospective intern Notaries' authority is limited to drafting deeds and learning from deeds made by the Notary.
In practice, prospective intern Notaries do not have the authority to make and authenticate deeds. This condition is a learning opportunity the Notary provides to prospective intern Notaries to study the process of drafting deeds. In contrast, the Notary accepting intern has the authority to authenticate or sign the deeds.
Hence, legislation formation must carefully consider legal certainty and clear objectives so as not to cause confusion and to ensure certainty, order, and legal protection. Authority is a formal power an official or institution possesses and always comes with responsibility.
In this context, responsibility applies to individuals who have specific authority. For instance, a Notary with authority regulated in Law Number 30 of 2004 and Law Number 2 of 2014 undoubtedly has different obligations and responsibilities than a prospective intern Notary lacking related authority. Therefore, each individual must execute their authority and responsibility according to applicable rules and procedures to ensure integrity and professionalism in performing their duties.
On the other hand, Article 1868 of the Civil Code regulates that: "An authentic deed is a deed made in the form specified by law by or in the presence of a public official authorized to do so in the place where the deed was made." Based on the provision above, three elements make a deed authentic: first, the Deed must be made in the form regulated by law; second, the Deed must be made by or in the presence of a public official; and third, the Deed must be made in the specified place.
A deed made by an official who lacks authority or does not qualify to make it cannot be considered an authentic deed. However, such a document still holds legal power as an underhanded deed if signed by the relevant parties. In this regard, Article 1869 of the Civil Code regulates that: pembuatan Akta. Kewajiban ini melindungi kepentingan klien, memastikan bahwa informasi yang diberikan untuk Akta tidak disalahgunakan atau dibocorkan.
Akta yang dibuat oleh pejabat yang tidak berwenang atau tidak memenuhi syarat untuk membuatnya tidak dapat dianggap sebagai akta autentik. Namun demikian, akta tersebut masih mempunyai kekuatan hukum sebagai akta di bawah tangan apabila ditandatangani oleh para pihak yang bersangkutan. Sehubungan dengan itu, Pasal 1869 KUHPerdata mengatur bahwa: "A deed that cannot be treated as an authentic deed, either because of the lack of authority or incapacity of the concerned public official or because of defects in its form, has the power as an underhanded writing if signed by the parties." In the context of internships, prospective Notaries can only practice drafting deeds from clients. However, the deed must be signed and recognized by the Notary accepting intern, not by the prospective intern Notary. This condition is because prospective Notaries do not yet have the authority to make deeds. Nevertheless, they are entitled to learn and practice drafting deeds. Hence, their role in this process remains crucial and assists them in preparing themselves to become professional Notaries.

Obligations of Prospective Intern Notary under Law Number 2 of 2014
Legal certainty is a crucial pillar in a country's legal system, where laws are implemented consistently and unaffected by subjective conditions (Ramadhan & Permadi, 2019). One indicator of legal certainty is clear legislation fairly applied by judges and other legal officials (Suwardiyati & Rustam, 2022).
Namun "Any person who discloses specific matters about a company where they work or have worked, which should be kept confidential, is punishable by a maximum imprisonment of 2 (two) years or a maximum fine of category III." These provisions refer to the legal consequences or sanctions imposed on individuals, including prospective intern Notaries, who violate their confidentiality obligation concerning their workplace or former workplace, in this case, the Notary Public's office. In the context of prospective intern Notaries, they are prohibited from leaking any information acquired during their internship at the Notary Public's office. This information could encompass various aspects such as client data, details about legal transactions, or any other information considered confidential or private.
According to Article 444 section (1) of Law Number 1 of 2023, any violation of this confidentiality obligation could result in a maximum of 2 years imprisonment or a fine up to IDR 50,000,000. This sanction is regulated to deter and to encourage every prospective intern Notary to comply with their obligations based on Article 16A section (2) of Law Number 2 of 2014. It signifies the importance of confidentiality in legal professions, particularly in internships at a Notary Public's office. Ensuring the confidentiality and integrity of information is an essential part of the Notary profession's ethics and forms a vital foundation for building and maintaining trust with clients and the public.
However, it is essential to remember that these sanctions apply to prospective intern Notaries and everyone who works or has worked in a company and violate their confidentiality obligation. Therefore, anyone working in a legal or business environment should always ensure that they comply with all rules and regulations regarding information confidentiality.  (1) of Law Number 1 of 2023. They also face civil sanctions liable to compensate for losses to the parties who suffered damages due to their violation under Article 1365 of the Civil Code. These sanctions reflect the principle of accountability in law, ensuring that the aggrieved parties receive appropriate compensation.
Furthermore, there are also administrative sanctions from the INI that are independently regulated. These sanctions directly concern the professional status of the prospective Notary. For instance, if prospective intern Notaries violate their obligations, the internship period they have completed may not be acknowledged. Thus, they cannot be appointed as Notaries, in line with the provision of Article 3 point f of Law Number 2 of 2014. These sanctions demonstrate the seriousness of the consequences for prospective intern Notary failing to uphold professional standards and ethics in fulfilling their obligations.

CONCLUSIONS AND SUGGESTIONS
Based on the results and discussion, it can be concluded that the internship requirement plays a crucial role in the Notary profession, ensuring the profession's quality and integrity and supporting the preparation of prospective intern Notaries to formulate and implement legal practices effectively.