Honorarium Notaris Sebagai Upaya Untuk Melindungi Hak Notaris Guna Kepastian Dan Keadilan

The decree of notary (UU 2/2014) only regulate the maximum horarium. The word maximum have create a problem in determining the honorarium of notary. Since the is no minimum honorarium, there was a bargaining between notary and client. This had resulted in un-fair competition. To analyzed the problem, a study to assess the possibility for regulating the notary honorarium was conducted at Malang, Indonesia. The study also explored the awarness of Malang residents to the importance of notary services.The study was done by survey method with the population of notary practice in Malang City. The sampling was done by stratified random sampling with work experience as the stratification. The data collected included how much the honorarium, consideration to determine the honorarium, and their opinion if there is a legislation to regulate the notary honorarium. The data collected from Malang residents were their awareness to the importance of notary. The results showed that it seemed there was an excess of the number of notary in Malang. As a result some notary assigned a honorarium which according to their opinion was too low. The reasons were: (a) economic condition of the client; (b) lack of or no client; and (c) the requirement of operational cot. Most of notary in Malang agreed if there is a decreed to regulate the minimum honorarium. The regulation should have the enpowerment to the notary. The considerations for determining the honorarium should be: the contract value of the contract; the client economic condition; and economic conditions of the region