ANALISI YURIDIS TENTANG PERTANGGUNG JAWABAN NOTARIS DALAM PEMBUATAN AKTA BERDASARKAN UU NO. 2 TAHUN 2014 TENTANG PERUBAHAN ATAS UU NO. 30 TAHUN 2004 TENTANG JABATAN NOTARIS

Authors

  • Ade Solihin Fakultas Hukum, Universitas Pamulang
  • Budi Irawan Fakultas Hukum, Universitas Pamulang
  • Nurmasitho * Fakultas Hukum, Universitas Pamulang

Abstract

A notary as a public official in carrying out his duties in making an authentic deed is obliged to act impartially (independently) to the parties so that the authentic deed made by the notary avoids legal problems, namely the lawsuit for the cancellation of the authentic deed, in relation to proving the certainty of legal rights and obligations. a person in public life, one of which is carried out by the role played by a notary. The importance of the role of the Notary in helping to create legal certainty and protection for the community, is more preventive in nature, or is preventive in nature from the occurrence of legal problems, by issuing the authentic deed. the provisions of Article 16 paragraph 1 UUJN No. 2 of 2014 concerning amendments to UUJN No. 30 of 2004. The imposition of sanctions on notaries who take sides is regulated in UUJN, notary code of ethics and Permenkumham no. 61 of 2016 concerning the procedure for imposing administrative sanctions on the notary who is taking sides. The problem in this study is how the legal criteria act impartially for a notary in carrying out his duties and obligations to make an authentic deed based on UUJN no. 2 of 2014 and the notary code of ethics. The purpose of this study is to find out how the Notary is responsible if he commits an unlawful act or mistake in making an authentic deed and legal protection for the Notary against the deeds he made related to the Notary's responsibility, in the form of Administrative and Civil liability. The research method used in this analysis is a normative juridical approach which examines laws and regulations, legal theories and jurisprudence related to the discussion in this analysis. Normative legal research is research that emphasizes the use of written legal norms which can be in the form of books, theses, laws, and library literature related to the authority of a Notary to make authentic deeds based on Article 15 of Law Number 2 of 2014 regarding amendments to the UUJN. This can be used so that the Notary's liability can be known if the deed made by the Notary is deemed to be detrimental to the party who has an interest in the deed made by the Notary. alone.

 

 

Keywords : Notary as a Public Official, UUJN, Authentic Deed, Notary Accountability

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Published

2023-03-23