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VOL. 6, ISSUE 3 (2024)
The urgency of regulating notary immunity rights against civil and criminal claims related to the creation of authentic deeds with inaccurate content
Authors
Fanda Fadilla, Sanusi, Iskandar A Gani
Abstract
Article 15 of Law Number 2 of 2014 concerning the Position of Notary, a
notary is authorized to create authentic deeds concerning all acts, agreements,
and stipulations required by legislation and requested by the concerned parties
to be documented in a deed. The notary does not have the authority to
investigate or verify the material truth of the data and information provided
by the parties. However, when problems arise, the notary is subject to civil
and criminal charges for allegedly assisting in including false information in
the deed. Based on this description, the issue to be investigated is whether
notaries should have regulated immunity rights against civil and criminal
charges related to the creation of authentic deeds. How does the regulation of
immunity rights compare between lawyers and notaries? How do notaries regulate
immunity rights and how do judges consider this in court rulings? The purpose
of this research is to analyze and explain the importance of the existence of
notary immunity rights against civil and criminal claims related to authentic
deeds, analyze the comparison of regulations between lawyer immunity rights and
notary immunity rights, and analyze how notaries attempt to regulate the
existence of immunity rights and how judges consider this in court rulings. The
type of research used is normative, a legal literature study conducted by
examining both primary and secondary sources. The approaches used are
legislative, comparative, and conceptual. Data processing using data analysis
methods based on systematic understanding and processing of data. The research
results indicate that notaries greatly need clear and firmly written rules
governing immunity related to the deeds they create, similar to the immunity
rules for lawyers regulated in the Advocate Law. One of the efforts by notaries
to regulate a form of immunity rules is to conduct public outreach and propose
ideas and concepts about the importance of immunity rules to relevant parties.
Recommend to the government to reform the Notary Law regarding the importance
of establishing rules on notary immunity rights. Notaries are advised to act
carefully, enhance their knowledge, and consistently apply the principle of
caution in carrying out their duties to avoid civil and criminal issues. Law
enforcement officials, in examining and adjudicating cases related to deeds
containing inaccurate information, should pay closer attention to the Notary
Law in the process of creating authentic deeds.
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Pages:20-23
How to cite this article:
Fanda Fadilla, Sanusi, Iskandar A Gani "The urgency of regulating notary immunity rights against civil and criminal claims related to the creation of authentic deeds with inaccurate content". International Journal of Law, Policy and Social Review, Vol 6, Issue 3, 2024, Pages 20-23
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