APPLICATION OF THE PRECAUTIONARY PRINCIPLEIN THE MAKING OF AUTHENTIC DEEDS AND LEGAL CONSEQUENCES FOR NOTARIES WHO VIOLATE THE PRECAUTIONARYPRINCIPLE (DECISION STUDY: 261/PID.B/2021/PN IDM)

Abstract

A notary deed, as a product of a public official, must be able to provide certainty regarding an event or fact in the deed actually carried out by a notary. Based on Article 16 of Law Number 2 of 2014 Concerning the Position of Notary Public, paragraph (1) letter (a), in carrying out his position, a notary must apply the principle of prudence. This study examines errors in applying the precautionary principle to the criminal act of forgery in Decision Number 261/Pid.B/2021/PN Idm and the legal consequences for Notaries who violate normative precautionary principles. The results of the study stated that the error in applying the precautionary principle to the crime of forgery in Decision Number 261/Pid.B/2021/PN Idm was intentional the Defendant as a Notary did not introduce the appearer. The defendant also did not carefully verify the subject and object data against the identity of the appearer. The defendant also did not act carefully and thoroughly in the process of making the deed. A notary who violates the principle of prudence in civil terms can be sued for compensation. A notary who is proven to have falsified a statement as an authentic deed is also criminally responsible. Legal consequences for a notary who violates the principle of disciplinary prudence can be in the form of a written warning, temporary dismissal, honorable discharge, or dishonorable dismissal.