AUTHORITY OF NOTARY IN LEGALIZING THE UNDER-HAND AGREEMENT DEED: EXAMINING RESPONSIBILITY AND LEGAL CONSEQUENCES

Abstract

This research examines the legal authority of notaries in legalizing underhand deed agreements based on their responsibilities and legal consequences. The method used in this research is normative legal research method, which is based on statutory approach and conceptual approach. The results obtained show that the responsibility of a notary in legalizing a deed agreement under the hand must be able to guarantee that he is able to carry out, implement, and realize the existence of laws governing the activities of legalizing letters under the hand including to see or check the validity of agreements made by related parties by being careful and disciplined in carrying out procedures for legalizing letters under the hand in accordance with the Notary Position Law. The legal consequences arising in the ratification of the agreement of the deed under the hand, namely if the letter has been legalized by the Notary, the letter under the hand has formal evidentiary power but does not have outward and material evidentiary power. In carrying out its duties, if a Notary is proven to have violated the law, it can be subject to civil sanctions in the form of reimbursement of costs, compensation and interest by passing the evidentiary process. However, a Notary cannot be convicted if they have not committed a violation of a criminal article and have acted in the interest of implementing the provisions of the Notary Law