Implementation of the principle of recognizing service users (PMPJ) for notaries in Indonesia
List of Authors
  • Alum Simbolon , Irene Puteri Alfani Sofia Sinaga

Keyword
  • Prevention, Eradication of the Crime of Money Laundering, Prevention, Notaries, Implementation

Abstract
  • Prevention and Eradication of the Crime of Money Laundering and Prevention of the Financing of Terrorism as regulated in Law No. 8 of 2010 concerning Prevention and Eradication of the Criminal Acts of Money Laundering and Law No. 9 of 2013 concerning Prevention and Eradication of the Crime of Financing of Terrorism, requires very close supervision so that it does not happen for the both of crimes. The government implements various ways to prevent it and support law enforcement, the Ministry of Law and Human Rights has issued Regulation of the Minister of Law and Human Rights Number 9 of 2017 concerning the Application of the Principle of Recognizing Service Users for Notaries. In applying the principle of recognizing service users, The Ministry of Law and Human Rights conducts socialization of regulation to Notaries so that they carefully and correctly identify their service users as notaries. The Ministry of Law and Human Rights supports this application by establishing a guide that provides technical guidance for notaries to have a common understanding in the implementation of the Principles of Recognizing Service Users (PMPJ). The implementation of PMPJ needs to prioritize a risk-based approach, i.e. if the risk level of money laundering and terrorism financing is assessed to be higher, then it is necessary to establish stricter policies and procedures, whereas if the risk level of money laundering and terrorism financing is assessed as lower, then it is necessary to implement policies and procedures that are more appropriate. Simpler to achieve optimal results.

Reference
  • 1. Law Number 8 of 2010 Concerning the Prevention and Eradication of Money Laundering Crimes

    2. Law Number 9 of 2013 Concerning the Prevention and Eradication of Criminal Acts of Terrorism Financing

    3. Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Office of a Notary

    4. Government Regulation Number 61 of 2021 concerning The Amendment of Government Regulation Number 43 of 2015 on Reporting Parties in the Prevention and Eradication of Money Laundering Crimes

    5. Regulation of the Minister of Law and Human Rights Number 9 of 2017 concerning Application of the Principle of Recognizing Service Users for Notaries.

    6. Regulation of the Head of the National Archives of the Republic of Indonesia Number 6 of 2005 Concerning the Protection of Security and Salvation of State Vital Documents/Archives;

    7. Presidential Regulation Number 13 of 2018 concerning Application of the Principle of Recognizing Beneficial Owners of Corporations in the Context of Prevention and Eradication of Money Laundering Crimes and Terrorism Financing Crimes;

    8. PPATK Head Regulation Number 11 of 2016 concerning Procedures for Submission of Suspicious Financial Transaction Reports for Professions;

    9. Decree of the Minister of Law and Human Rights of the Republic of Indonesia Number M.HH-03.PR.01.03 of 2019 dated 22 November 2019 concerning 2020 Performance Targets;

    10. Circular of the Director General of General Legal Administration No. AHU.UM.01.01-1232 dated 16 September 2019 concerning Guidelines for the Application of the Principle of Recognizing Service Users (PMPJ) for Notaries;

    11. Circular of the Director General of General Legal Administration No. AHU.UM.01.01-1239 dated 16 September 2019 concerning Guidelines for Compliance Supervision of the Application of the Principle of Recognizing Service Users (PMPJ) and Reporting to the Financial Transaction Reports and Analysis Center (PPATK) for Notaries.