Pertanggung Jawaban Notaris Memasukan Keterangan Palsu Kedalam Akta Otentik

Abstract

If an agreement does not fulfill one of these conditions, the agreement will be null and void, which means that from the beginning it is assumed that there has never been an agreement and there has never been an agreement.

As a notary takes action as a public official, he must be prepared and based on applicable legal regulations. Carrying out and examining all evidence shown to the notary, and listening to information or statements from the parties/appearances must be used as basic material to be included in the deed.

The ambiguity of the norms in the UUJN can be seen in Article 16 paragraph (1) letter a, which states the obligations of notaries, namely that in carrying out their position, notaries are obliged to act in a trustworthy, honest, thorough, independent, impartial manner and safeguard the interests of parties involved in legal actions. . The obligations of notaries above state that, in carrying out their obligations to make authentic deeds, they are obliged to act carefully, but do not provide an explanation of the meaning and examples of notaries' obligations to act carefully from this article. Such norm conditions are referred to as norm ambiguity. According to Pitlo, if the language or words in a statutory regulation are not clear, then the grammatical interpretation method is used, meaning capturing the meaning or text of the language in the law. The absence of any specific or general explanation in Article 16 paragraph (1) letter a UUJN, that the notary must act "carefully" in making the authentic deed, has resulted in practice giving rise to legal problems with different interpretations of the precautionary principle.

Keyword : Notary, Agreement, Authority, Responsibility