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.
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