TINJAUNAN YURIDIS TENTANG KETERKAITAN NOTARIS MENGENAI PERBUATAN MELAWAN HUKUM DAN IKUT SERTA MELAKUKAN TINDAK PIDANA PEMALSUAN SURAT DITINJAU DARI UNDANG-UNDANG NOMOR 30 TAHUN 2004 TENTANG JABATAN NOTARIS

Abstract

Notary is an official authorized to make authentic deeds as regulated in the law. Participation of Notary Officials in actions that result in losses to other parties, for negligence that has been committed by notary officials for forgery of deeds that can harm the other party. The problem in this study is what are the consequences of the notary's association with acts against the law and participating in committing crimes in forging letters? and how is the responsibility for the notary's link to acts against the law and participating in committing crimes in the forgery of documents. This study aims to determine the consequences of notary involvement regarding unlawful acts and participating in the crime of forging documents and notary responsibilities regarding unlawful acts and participating in the crime of document forgery. The method used in this study is a normative juridical approach, which uses a positivist legislature which states that law is synonymous with written norms made such as statutes, and legal and jurisprudential theories related to research problems. Especially with regard to Law of the Republic of Indonesia number 2 of 2014 concerning amendments to Law number 30 of 2004 concerning the position of Notary. Data collection techniques in this study were obtained by means of study documents/libraries in the form of legal materials related to the problem. Through data collection, data can be obtained which will then be analyzed according to the problem. The results found by the researcher indicate that the legal consequences for a notary who has committed the crime of document falsification, namely that the plaintiff/victim will suffer losses from the issuance of an authentic deed containing elements of false information from the notary. The fake authentic deed has been made and can be cancelled. Cancellation of an authentic deed has become the authority of a civil judge, namely by filing a civil suit to the court and according to the Notary Office Act (UUJN) can be subject to Administrative Sanctions/Violations of the Notary Professional Code of Ethics in the form of verbal, written warning up to dishonorable discharge from the Assembly Supervisors and Civil Sanctions article 1365 of the Civil Code concerning compensation. Criminal liability for a notary, if it is proven that the notary committed the crime of forging a letter, the notary is personally responsible for what is his/her duties and powers. With regard to criminal liability, a notary may be subject to the accompanying punishment provided for in Article 55 and Article 56 points (1) and (2), due to his negligence in forging letters committed by a notary worker. The outputs targeted in this study are mandatory outputs in the form of national journals and additional outputs in the form of proceeding journals.

Keywords : Counterfeiting, Criminal, Notary