Logo
International Journal of
Law, Policy and Social Review
ARCHIVES
VOL. 7, ISSUE 1 (2025)
Notary's responsibilities in maintaining the interests of the parties in legal actions
Authors
Safrizal, Efendi, Ika Susilawati
Abstract

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.

From the research results, it is recommended that notaries always maintain honesty in carrying out their duties and authority and take full responsibility for safeguarding the interests of the parties in carrying out legal acts as stated in the deed.
Download
Pages:17-19
How to cite this article:
Safrizal, Efendi, Ika Susilawati "Notary's responsibilities in maintaining the interests of the parties in legal actions". International Journal of Law, Policy and Social Review, Vol 7, Issue 1, 2025, Pages 17-19
Download Author Certificate

Please enter the email address corresponding to this article submission to download your certificate.