The Legal Implications and Risks of Obstruction of Justice in Notarial Practice

Abstract

Corruption in Indonesia has been designated an extraordinary crime since the implementation of Law No. 30 of 2002 on the Corruption Eradication Commission, thereby requiring exceptional measures for its elimination. Under the Law on Notary Positions, notaries are granted the right to withdraw as a form of professional safeguard. This study seeks to examine the notary’s right to withdraw within the framework of corruption law enforcement and assess how the Obstruction of Justice provision in the Corruption Eradication Law affects notaries. Using a normative legal approach, the research is based on literature review and analysis of statutory regulations to achieve its objectives. The results reveal that a notary’s right to withdraw is limited by the provisions of Article 22 in conjunction with Article 36 of the Corruption Eradication Law. Furthermore, any party who hinders law enforcement in corruption cases may fulfill the criteria for Obstruction of Justice unless exemptions are clearly outlined in the law. Notaries who are found to have unlawfully interfered with the legal process in such cases may face criminal prosecution. This study highlights the need for more precise legal guidelines to reconcile notaries’ professional duties with their responsibilities under anti-corruption legislation. The findings aim to inform policy development that strengthens legal certainty and bolsters the effectiveness of anti-corruption efforts in Indonesia.