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International Journal of
Law, Policy and Social Review
ARCHIVES
VOL. 7, ISSUE 1 (2025)
The notary's responsibility in providing legal counseling to parties regarding the deeds they create in Banda Aceh
Authors
Said Muammar Fithra, Ria Fitri, Iskandar A Gani
Abstract

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.

Based on these findings, the study suggests that notaries should improve their communication skills to make legal counseling more effective, ensuring that advice is better received by the parties involved and helping notaries explain the potential legal risks if recommendations are not followed.
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Pages:1-5
How to cite this article:
Said Muammar Fithra, Ria Fitri, Iskandar A Gani "The notary's responsibility in providing legal counseling to parties regarding the deeds they create in Banda Aceh". International Journal of Law, Policy and Social Review, Vol 7, Issue 1, 2025, Pages 1-5
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