The Contradiction Between the Regulation of Notarial Client Confidentiality and the Law on the Prevention and Eradication of the Crime of Money Laundering
Abstract
Notaries, as public officials in Indonesia, play a crucial role in the legal transaction process, one of their principal duties being to safeguard the confidentiality of information entrusted by clients, as expressly stipulated in Law Number 30 of 2004, as amended by Law Number 2 of 2014, on the Office of Notary. This duty, however, now intersects with the obligations arising from Law Number 8 of 2010 on the Prevention and Eradication of the Crime of Money Laundering, which, through its implementing regulation Government Regulation Number 43 of 2015 and Regulation of the Minister of Law and Human Rights Number 9 of 2017, designates notaries as reporting parties required to report suspicious transactions to the Indonesian Financial Transaction Reports and Analysis Centre (PPATK). This creates a legal and ethical dilemma in which notaries are caught between preserving client confidentiality and discharging their reporting obligation. Using a normative juridical method, this study examines the conflict between the two duties and proposes measures to harmonise them. It finds that the perceived contradiction is reconciled by the statutory exception in Article 16 paragraph (1) letter f of the Notary Law (“unless the law provides otherwise”) and by the “safe harbour” protection in Articles 28 and 29 of the Anti-Money Laundering Law, which shields reporting parties acting in good faith from civil and criminal liability. Key recommendations include clear operational guidelines, continuous training, closer collaboration with PPATK, and explicit legal protection for notaries who report in good faith.
How to Cite This Article
Putu Arya Wiguna 1*, Dr. I Made Dedy Priyanto SHMKN (2026). The Contradiction Between the Regulation of Notarial Client Confidentiality and the Law on the Prevention and Eradication of the Crime of Money Laundering . International Journal of Judicial Law (IJJL), 5(4), 26-29. DOI: https://doi.org/10.54660/IJJL.2026.5.4.26-29