NOTARYS’ LIABILITY IN THE LEGALIZATION OF THE COPY OF IDENTITY CARD (KTP) UNDER THE ORIGINAL

Abstract

This journal is motivated by the proliferation of Identity Card (KTP) falsification case that occurred in the society as it will indirectly affect the duty and authority of the notary profession which is contained in the law of notary public, especially in Article 15 letter (d) of Law of the Republic of Indonesia Number 2 of 2014 concerning the Amendment of Law Number 30 of 2004 concerning Notary Position stating that the Notary is authorized to approve the a photocopy compatibility with the original letter. One of the letters whose authenticity often needs to be legalized is the Identity Card, especially for land registration purposes to the Land Office for the maintenance of Land data. However, it becomes a problem when it turns out that the KTP endorsed by the Notary is a fake KTP, whereas there is no special arrangement which affirms that the notary has the obligation to conduct authenticity of KTP which is submitted to the issuer (government). This results in other parties disadvantaged if it turns out the data used is a fake KTP. To examine the phenomenon, the author use normative research method supported by interview as the instrument used to collect the data. The legal theories used are the theory of legal certainty, legal protection, and legal accountability. The result of the research indicates that notary is responsible for parties who are disadvantaged due to the validation of the fake KTP card only in case if the notary endorsed the copy of the KTP without seeing and comparing the original form of it or the Notary has known that the KTP is a fake or not valid yet to endorse. On the contrary, a notary is not liable for having legalized an original KTP, not a photograph/photocopy, which looks like original until it is unknown that it is actually a fake.