Tanggung Jawab Notaris Terhadap Legalisasi Dan Waarmeking Akta Dibawah Tangan Menurut Undang-Undang Nomor 2 Tahun 2014 Tentang Jabatan Notaris

Abstract

Notary is one of the oldest branches of the legal profession in the world. This notary position is not placed in the judicial, executive or legislative institutions. Notaries have a very strategic position in the realm of civil law, because this profession involves the most basic and very basic matters in every legal act, especially in making deeds. Notary is a public official who is authorized to make an authentic deed and has other authorities as referred to in the Notary Position Act or based on other laws. In addition to authentic deed, there is also an underhand deed. To make a private deed more legally binding, this deed must be registered with the notary's office. Deed registration can be done by legalization or waarmeking. According to Suryana, legalization is the ratification of letters made under the hand in which all parties who made the letter come before a notary, and the notary reads and explains the contents of the letter, then the letter is dated and signed by the parties and finally only in legalization by a notary. While waarmeking is registration by affixing a stamp and then registering it in the registration book provided for it. Therefore, the researcher wants to know how the notary's responsibility for the legalization and waarmeking of under-handed deeds according to Law Number 2 of 2014 concerning Notary Positions. This research uses sociological juridical research. The data used are primary data and secondary data. Primary data was obtained through interviews with respondents while secondary data was obtained through literature study. The collected data is then analyzed qualitatively so that it can answer the existing problems. Based on the research that has been done, it is known that the Notary can be held responsible for legalization if the contents of the deed contain legal defects due to the notary's error either intentionally or due to negligence. Notaries are individually responsible for the deeds they make. As for waarmeking, the notary cannot be held accountable because the deed was made by the parties without the notary knowing about the contents of the deed.