Peran dan Tanggung Jawab Notaris Dalam Pembuatan Akta Perkawinan Campuran

Abstract

Through globalization, marriage can not only be done between Indonesian citizens but can also be done with foreigners. As is known, with marriage, there is also pooling of assets between Indonesian citizens and foreigners. This has an impact on Indonesian citizens who cannot own land and buildings in Indonesia. Therefore, the role of a notary is needed in doing an authentic deed in the form of a Mixed Marriage Deed or known as a Mixed Marriage Agreement. The purpose of this study is to examine and analyze the roles and responsibilities of a notary in making mixed marriage deeds. This study uses a normative legal research method with a statutory approach, cases in the form of decisions, and analysis. The results showed that there were problems related to the making of a mixed marriage deed made by a notary. These problems are in the form of a notary who does not provide legal counseling on the deed that the clients want to make (Indonesian citizens and citizens of a foreign country), does not translate or explain the deed if the appeared does not understand, and does not write it down at the end of the deed that a translation or explanation has been carried out because the present does not understand the language used written in the deed. In addition, with these problems, the strength of proof and the legal consequences of the act made by the notary are affected. Therefore, notaries in carrying out their positions must be guided by Notary Department Law.