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.
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