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International Journal of
Law, Policy and Social Review
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VOL. 6, ISSUE 3 (2024)
Legal position of instrumental witnesses in making notarial deeds
Authors
Dara Sumayya, Darmawan, M Jafar
Abstract

Notary Employees have the task of assisting Notaries in doing authentic deeds so that these tasks align with the requirements to become instrumental witnesses in Article 40 paragraph (2) of Law Number 30 of 2004 as amended by Law Number 2 of 2014 concerning Notary Positions. Instrumental witnesses are also needed to form deeds because their role can help Notaries carry out their duties more safely, especially in terms of proof when a deed that a Notary has legalized has a legal problem. However, Notary Employees as instrumental witnesses in making Notarial deeds are not given explicit legal protection in the UUJN.

This study aims to analyze the legal position of instrumental witnesses in notarial deeds, the responsibility of instrumental witnesses in doing notarial deeds, and the legal protection of instrumental witnesses in notarial deeds. The method used in this study is the normative legal method. The data sources used by the author are primary data in the form of interviews with notaries in Banda Aceh City, instrumental witnesses in Banda Aceh City, the Notary Regional Supervisory Board of Banda Aceh City, and other related parties. Secondary data is obtained from the primary legal materials by examining theories, concepts, legal principles, laws, and regulations related to this study.

The study results show that based on UUJN, instrumental witnesses are regulated in Article 16 paragraph (1), Article 38 and 40 paragraph (1), which mandate the presence of at least two witnesses in making a notarial deed. The primary role of instrumental witnesses is to ensure that the process of creating a notarial deed is carried out following legal provisions. Instrumental witnesses are responsible for fulfilling the formal requirements for the validity of the Deed made into an authentic deed. The formalities determined by law are that the person appearing has been present before the notary and the person appearing's identity follows the description read by the notary. Legal protection for witnesses is generally regulated in the Witness and Victim Protection Law. In providing information.

It is recommended to review the provisions in the UUJN regarding the position of instrumental witnesses summoned to court to provide information regarding the contents of the notarial Deed disputed by the parties. This should be included in the articles of the UUJN or by drafting special legislation that regulates the position, rights, and legal obligations of instrumental witnesses.
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Pages:291-295
How to cite this article:
Dara Sumayya, Darmawan, M Jafar "Legal position of instrumental witnesses in making notarial deeds". International Journal of Law, Policy and Social Review, Vol 6, Issue 3, 2024, Pages 291-295
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