Understanding Their Roles in Your Legal Matters
In personal affairs and the business world, notaries and lawyers play important roles in providing legal protection. Although both work in the legal field, their duties, powers, and responsibilities are different.
1. What Is a Notary?
A notary in Indonesia is a public official authorized to draw up authentic deeds and exercise other powers as provided by law. A notary helps ensure that legal acts and agreements between parties are formally documented in instruments that carry evidentiary value under applicable legislation.
Notarial services include preparing company establishment deeds, agreements, certain property transfer deeds, and other legal documents within the notary’s authority.
2. What Is a Lawyer?
A lawyer, professionally known in Indonesia as an advocate (advokat), provides legal services to clients both inside and outside the courtroom. Advocates help clients understand their rights and obligations, develop legal strategies, negotiate settlements, and represent or assist clients in legal proceedings.
Examples of their services include handling contractual disputes, civil litigation, business disputes, and criminal cases in accordance with applicable law.
3. The Main Differences Between a Notary and a Lawyer
The main difference lies in their functions and legal authority. A notary focuses on preparing authentic deeds and performing other legally authorized acts, while an advocate focuses on providing legal services to protect a client’s interests.
In business and property transactions, the two professionals may work together. A notary can formalize an agreement in an authentic deed within the scope of their authority, while an advocate can provide legal advice, assess legal risks, and assist in resolving disputes.
4. Applicable Legal Framework in Indonesia
The principal laws governing these two professions are:
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Law No. 30 of 2004 concerning the Office of Notary, as amended by Law No. 2 of 2014.
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Law No. 18 of 2003 concerning Advocates.
These laws regulate the authority, duties, and responsibilities of each profession. Other relevant laws and regulations may also apply, depending on the specific transaction or legal matter.