A
notary is a public official 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 No. 30 of 2004
concerning the Position of Notaries. The law has given the notary the authority
and obligation to write down all deeds, agreements, and stipulations desired by
parties whose information is stated in an authentic deed. One of the
obligations of a notary is contained in article 16 letter a of Law Number 2 of
2014 concerning amendments to Law No. 30 of 2004 concerning the Position of a
notary which mandates that the notary must act in a trustworthy, honest,
thorough, independent, impartial manner and safeguard the interests of the
parties—related to legal actions. However, notaries also have the potential to
carry out their duties and authority to commit unlawful acts for personal gain.
One example of an illegal act. One example of a notary committing an unlawful
act by not safeguarding the interests of the parties is the 'SR' Notary as
written in the Supreme Court (Mahkamah Agung) Decision Number 1787 K/pdt/2022.
The verdict stated that the Defendant had been legally and convincingly proven
guilty of committing the unlawful act of "Participating in Fraud".
The
aim of this research is to examine and analyze the form of a notary's legal
responsibility for making deeds that do not safeguard the interests of the
parties in legal actions. This research also aims to explain the factors that
cause notaries to make deeds that do not protect the interests of the parties
in legal actions.
The
type of research used is empirical juridical research. Empirical juridical
research is field research that examines applicable legal provisions and what
happens in reality in society. The research approach that the author uses is a
review of Legal Sociology. Sociology of Law is a legal approach that departs
from a branch of empirical science and analysis to understand and study the
reciprocal and reciprocal relationships between social and legal phenomena.
Based
on the research results, Notaries are responsible for safeguarding the
interests of the parties in carrying out legal acts as stated in the deed. The
factors that cause a notary to make a deed that does not safeguard the
interests of the parties in a legal action are dishonesty and not applying the
principle of prudence. This factor often occurs because the person present
provides information that does not match the facts or circumstances in the
field.
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