Kajian Syariah Pelanggaran Rangkap Jabatan dalam Pelaksanaan Jabatan Notaris

Abstract

This study examines the sharia pespective on violations of dual positions in the implementation of the notary profession based on the Law on Notary Position (UUJN) and the notary code of ethics. The issue of holding multiple positions by notaries may create conflicts of interest and reduce professional independence. This research aims to analyze the prohibition of dual positions from the prespective of Islamic principles, paticulary trough the concepts of itqan (diligence) and al-qowwiy (professionalism). The research uses a  normative juridical method with statutory and conceptual approaches supported by Islamic legal sources. The findings indicate that prohibited dual positions contadict the principles of trust, legal certainty, professionalism, and amanah in Islam. The principle of itqan emphasizes sincerity and optimal pefomence in carring out duties, while al—qowwiy emphasizes integrity and responsibility in fulfilling professional obligations. However, certain professions, such as Land Deed Official (PPAT), mediator, Class II Auction Officer, and Lecturer, are still permitted to be held concurrently with the notary profession because they do not create conflicts of interest and remain related to notarial duties. Therefore, the prohibition of dual positions is intended not only to maintain legal certainty but also to uphold sharia values in preserving professionalism and trustworthiness.