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International Journal of
Law, Policy and Social Review
ARCHIVES
VOL. 6, ISSUE 3 (2024)
Notary's responsibility for making authentic deeds that are unlawful
Authors
Rizkia, Ilyas, Siti Rahma
Abstract

A notary is a public official who is authorized by law to make authentic deeds. Notaries have guidelines or guidelines for carrying out their positions which are regulated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries. The law has given the notary the authority to write down all deeds, agreements and stipulations desired by parties who deliberately come before a notary who want their information to be set forth in an authentic deed. The role of a notary is very important in providing legal certainty regarding legal actions that the public wishes to carry out. However, notaries also have the potential to carry out their duties and authority to commit unlawful acts for personal gain. One example of an unlawful act committed by a notary in carrying out his duties and authority is contained in decision Number 1/Pdt.G/2020/PN. BNA. In this case, one of the notaries made a deed of the GMS (General Meeting of Shareholders) which in reality was not attended by all the directors or there was not enough quorum.

The aim of this research is to examine and analyze the form of notary responsibility for making deeds that are against the law. This research also aims to explain the factors that cause notaries to make deeds that are against the law and the efforts made by the Notary Honorary Council to deal with unlawful acts committed by notaries.

The research method used is empirical juridical research. Empirical juridical research is field research that examines applicable legal provisions and what happens in reality in society.

Based on the research results, notaries can be held civilly or criminally liable if they are proven to have committed unlawful acts. The factors that cause a notary to make a deed against the law are unintentional factors or not applying the principle of caution. This factor often occurs because the person present provides information that does not match the facts or circumstances in the field. The role of the notary's honorary council is to give permission to law enforcement officials to examine a notary.

From the research results, it is recommended that notaries as public officials provide legal certainty to the public to set a good example by not committing acts against the law. Thus, a notary should not neglect his integrity and professionalism under any circumstances. The Notary Honorary Council is very important to form notaries with integrity and professionalism so that they can provide protection to the public with their duties and authority in making authentic deeds.
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Pages:256-259
How to cite this article:
Rizkia, Ilyas, Siti Rahma "Notary's responsibility for making authentic deeds that are unlawful". International Journal of Law, Policy and Social Review, Vol 6, Issue 3, 2024, Pages 256-259
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