A
notary has the authority to provide legal counseling regarding the deeds they
create, as regulated in Article 15 paragraph (2) letter e of Law Number 2 of
2014 on the Notary Position. The legal counseling the Notary provides includes
offering advice, input, and reading the deed. However, notaries must still
fulfill this responsibility in practice, as evidenced in Case Number
18/Pdt.G/2021/PN Bna.
Therefore,
this study examines the notaries' responsibility to provide legal counseling to
the parties involved in Banda Aceh. It also discusses the legal consequences
for deeds created by a notary if legal counseling is not carried out, as well
as the challenges faced by notaries in Banda Aceh when exercising their
authority and responsibilities in providing legal counseling to the parties.
This
study employs an empirical juridical method, focusing on how notaries implement
the Notary Position Law in providing legal counseling. The research uses a
qualitative approach, with primary data collected through interviews with
several notaries in Banda Aceh and legal materials such as books, previous
research like theses, dissertations, journals, and other relevant legal sources.
The
research findings show that notaries in Banda Aceh have performed their duties
well in providing legal counseling to the public by giving advice or input
before the creation of the deed and by reading the deed before the parties sign
it. The consequences of not providing legal counseling, such as reading the
deed, may lead to the deed being considered degraded or even subject to
annulment, and the Notary may face sanctions. One challenge notaries face in
Banda Aceh is that some parties do not accept advice or input from the Notary
because they believe certain matters can be handled based on familial trust or
mutual understanding.
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