Responsibility Of Notary Research Articles

Ratio Decidendi District Court Decision in Case of Deed Not Read Based on Notary Position Law (Decision No 873/Pdt.G/2013/ Pn.Sby)

This research is aimed at analyzing the Ratio Decidendi of District Court Decision No. 873/Pdt.G/2013/PN.Sby against notaries who do not read their deeds. The purpose of this research is to determine and analyze the Decidendi Ratio of District Court Decision No. 873/Pdt.G/2013/PN.Sby regarding deeds that were not read by a notary. Then to analyze the responsibilities of notary officials based on article 16 paragraph 1 letter (m) of the Law on Notary Positions. This type of research uses normative juridical research using a statutory approach and a conceptual approach using literature study legal material search techniques. The analysis technique used in this research is the interpretation technique used is systematic interpretation. Based on this, the problem formulation is (1) What is the judge's consideration (Ratio Decidendi) regarding Decision No. 873/Pdt.G/2013/PN.Sby regarding deeds that were not read by a notary? and problem formulation (2) What are the responsibilities of notary officials for deeds that are not read out based on article 16 paragraph 1 letter m based on the Law on Notary Positions? (1) Ratio Decidendi, namely the implementation of a decision with a ruling that the lawsuit cannot be accepted (Niet Ontvankelijk verklaard) in District Court Case No. 873/Pdt.G/2013/PN.Sby, even though in principle the lawsuit is not accepted, the notary still has responsibility for deed that he has made. Even though in principle the lawsuit is not accepted, the judge should consider not carrying out the obligation to read the deed by a notary(2) The Notary's responsibility for a deed that is not read, in this case the Notary can be sued because the authentic deed is downgraded to a private deed and then be sued civilly, namely regarding compensation based on 1365 of the Civil Code, as well as administrative sanctions based on the Code of Ethics. Notary. The advice that can be given is that during the examination of the case, if the lawsuit contains formal defects, it is better to stop it so that the decision is not rejected. Then the parties in the lawsuit must make a detailed lawsuit so that the lawsuit can be granted. Then there are administrative sanctions for the notary who does not carry out the obligation to read the deed. less severe and less of a deterrent effect, then the supervisory board should ensure that the deed made by the notary is truly authentic or not during its inspection and there should be a clear place for complaints for the public to the regional supervisory board.

Responsibilities of the Notary for the Deed of Will that He Makes Violates the Absolute Rights of the Heirs (Legitieme Portie)

The testamentary grant is a grant regarding goods whose ownership rights only pass to the grantee after the grantor dies. So that if you pay attention to the provisions in Article 875 BW, then the testamentary grant must be made by or before a Notary. then the problem that arises is how the legal consequences of the grant deed that violates the absolute rights of the heirs (Legitieme Portie) and how the Notary's responsibility for the testamentary grant deed that violates the absolute rights of the heirs (Legitieme Portie). Research Method The research method used in this writing is normative juridical by examining library materials or secondary data. The results of this research show that in written law, referring to the explanation and provisions in 1320, the deed of testamentary grant that violates the legitieme portie is considered null and void by itself and is considered to have no binding force from the beginning. Then the liability of Notary includes civil, criminal, administrative responsibilities based on the Notary Office Law, and the Notary Code of Ethics.

Legal Protection and Notary Responsibilities: A Review of the Deed of Testament in the Context of Civil Cases

A testament deed is an authentic deed that has perfect proof. Testament is a unilateral will, so it does not require agreement with other parties, as a partij deed, the Notary only formulates the wishes of the Testator, because it involves property it often causes problems so that it is possible for a lawsuit against the testament deed. Analysing the decision of the Yogyakarta District Court No. 58/PDT.G/2011/PN.YK.Problem formulation: Legal protection for Notary related to the deed of will in civil case connected with Law No. 2 Year 2014, and Notary's responsibility towards the deed of will in civil case. The purpose of the research: to know the legal protection for Notary related to the deed of will in civil case in relation with Law No. 2 Year 2014. To find out the responsibilities of the Notary towards the testamentary deed in civil cases. The research method used in this research uses a normative juridical approach with additional interviews. The normative juridical approach is sourced from data collection obtained from library materials and then analysed by qualitative analysis method. The conclusion of the research is that the Notary is only responsible for the formal form of the deed he made, and is not responsible for the content of the deed. The protection of the Notary is that the will deed is a unilateral act, does not need the consent of other parties, as a partij deed, the Notary only formulates the wishes of the Testator, not as a party to the deed (Articles 52, 53 UUJN), besides that it is based on Article 66 of the UUJN which previously had to be approved by the MPD, currently replaced by the Notary Honor Council. Notaries are protected if they have fulfilled the requirements that must be met in making a deed of will. The author suggests that in making a deed, it is necessary to be careful, and adhere to the rules of the Notary Office. In addition, the Notary needs to provide information related to the will deed to the maker of the will and the party concerned. The government is expected to form regulations governing the protection of Notaries.

Notary's Responsibilities for Mixed Marriage Agreements Where the Minutes of the Deed Are Not Signed by a Sworn Translator

Notary's Responsibilities for Mixed Marriage Agreements Where the Minutes of the Deed Are Not Signed by a Sworn Translator

Responsibilities of Notaries as a Public Official in Making Authentic Deeds

Notaries are given the authority to make general deeds, while PPAT (Land Deed Maker Official) is a general official who handles special deeds in the land sector. The deeds made by the two Notary and PPAT officials are authentic evidence which essentially contain formal truths that can be used by anyone in the future that a legal act as stated in the deeds has occurred. So that Notary and PPAT officials have a very important role in building certainty, order and legal protection in society. Therefore, the problem is the extent of a Notary's responsibility as a public official for the deed he makes and what sanctions can be given to the Notary if he violates the implementation provisions in making authentic deeds. To answer this problem, the method used is empirical juridical, namely research based on field research and equipped with library research. An authentic deed is perfect evidence which aims to guarantee certainty and legal protection to the parties. A notary must carry out his responsibilities properly in accordance with professional ethics (code of ethics) and in accordance with the Law on the Position of Notaries. This responsibility is not only based on morals but also based on law, especially Law Number 30 of 2004 concerning the Position of Notary Public in conjunction with Law Number 02 of 2014 concerning the Position of Notary Public.

Sejauhmana Tanggung Jawab Notaris terhadap Surat Dibawah Tangan yang di Daftarkan pada Buku Khusus Notaris (Waarmerking)

In conducting a Notary position, the Notary is required to be able to know the responsibilities and authority of the Notary in performing his/her position in accordance with the Notary Position Law. One of them is the authority of the Notary in Law Number 30 of 2004 concerning the Notary Position jo Law Number 2 of 2014 in Article 15 paragraph 2 letters a and b "Notaries are also authorized: to certify signatures and determine the certainty of the date of letters under hands by registering in a special book; book letters under hands by registering in a special book;" But in the current era, Waarmerking has become a loophole for a Notary to be guilty. Therefore, this research will discuss the extent of the Notary's responsibility for letters under the hand registered in the Notary's special book. This research uses normative legal research methods, data sources come from positive law, laws and books. The results show that in addition to being authorized to make authentic deeds, notaries are also authorized only to register letters under the hands registered in a special book.

Akibat Hukum Bagi Notaris Terhadap Penyalahgunaan Keadaan Dalam Pembuatan Akta Autentik

In its development, the lawsuit for canceling e agreement due to the absence agreement as included in first condition Article 1320 of the Civil Code, is not limited to Article 1321 of the Civil Code, such as oversight, coercion and fraud, but in its development new reasons emerge, namely misbruik van omstandigheiden. In practice, raising questions related to classification can be categorized abuse of circumstances and the notary's responsibility in a deed that is proven to have an abuse of circumstances. This study to analyze the legal consequences of misuse of circumstances in making authentic deeds for notaries. The legal issues, are, 1) First, the criteria abuse circumstances in making an authentic deed, 2) Second, the responsibility of the notary an authentic deed which was canceled due to a misuse of circumstances. This research is a normative research with a statutory approach, a conceptual approach, and a case approach. Based on this research, it was found that First, the criteria for misuse of circumstances in a notarial deed include: a. There is a loss suffered by one party; and b. There was abuse of opportunity by the parties at the time of the agreement, both economic and psychological abuse. Second, the notary's responsibility in the event that the deed does contain misuse of circumstances, then according to the classification of the error, it must be seen whether there was an error, whether intentional by the notary or an error, due to negligence in doing certain things. KEYWORDS: Abuse of Circumstances, Notary, Responsibility of the notary.

IMPLEMENTATION OF DUE DILIGENCE NOTARY BEFORE AND AFTER THE COMPANY LEGAL ENTITY PT LISTING IN THE CAPITAL MARKET

Background. The capital market involves the public offering and selling of publicly traded firms' securities, with businesses required to complete the necessary paperwork and submit registration statements to Bapepam, supported by organizations and experts. This research aimed to describe the implementation of due diligence notary before and after the company's legal entity listing in the Capital Market. Research Method. This legal research includes normative and empirical legal research. This research is descriptive-analytical, namely research that describes facts and data regarding the implementation of Notary due diligence and the principle of openness before and after the Limited Liability Company listing in the Capital Market. Findings. The application of the principle of openness in the capital market is necessary for the implementation of Notary due diligence. This means that before carrying out the duties of the Notary in making deeds, the Notary verifies the company's data, which will be mentioned in the deed he will draft. The Notary's responsibilities both before and after listing include making amendments to the articles of association, minutes of the General Meeting Shareholders, deeds of agreements about public offerings, and registration with Bapepam. The Notary's role is restricted to the deed he executes; that is, to guarantee that the deed's intent, content, and purpose are correct and do not contravene applicable laws, statutes, regulations, or the code of ethics. Conclusion. The notary has made the deed properly and correctly to the applicable provisions and code of ethics, so in this case the notary has been protected.

Responsibilities of a Notary in Making a Deed of Power of Attorney to Sell in a Debt and Receivable Agreement

In the debt and receivable agreement, a Power of Sale is usually also created, which sometimes gives rise to legal problems. This research aims to analyze the validity of the notarial power of attorney deed used as collateral for debts and receivables, as well as examine the civil responsibility of the Notary for the power of attorney deed made before him. The research method is normative juridical, which is analyzed qualitatively with deductive logic. The type of data used is secondary data. The results of this research are: first, The sale of collateral objects by creditors themselves can be carried out as long as the provisions of Article 20 paragraph (2) UUHT are met. selling the object of collateral rights, this agreement between the creditor and the debtor is an agreement agreed upon after a default by the debtor. In the event that the power of attorney deed that has been prepared by the creditor is signed simultaneously at the time of signing the credit agreement between the creditor and the debtor, then the power of sale deed is contrary to Articles 6 and 20 UUHT, so that such power of sale deed does not legally have any legal standing. Second, the Notary's responsibility for the deed of power of sale in a debt and receivable agreement made before him can be borne by the Notary if the error comes from the Notary, for example in the case that the author examined where Notary SN, in making the deed of power of sale, committed an unlawful act because he directed the debtor to sign the deed. which is still blank without explaining the purpose of the deed. So then the debtor is disadvantaged by the existence of the power of attorney deed, because by using the power of attorney deed, the creditor secretly transfers the debtor's collateral to a third party at a very low price, even though the debtor is not in default. In this case Notary SN can be burdened with civil liability, namely Unlawful Actions Article 1365 of the Civil Code.

Notary's Authority to Make Deeds of Name Loan Agreement (Nominee) Related to Sale And Purchase a Land Involving Foreigners

This research aims to analyze whether the authority to make deeds of a Notary applies to all forms of agreement and what is the Notary's responsibility for making Deeds of loan agreements (nominees) related to buying and selling land involving foreigners. This legal research method uses normative legal research. The approach used is a statutory approach and a conceptual approach. From this research the author found, firstly, that there is disharmony between article 15 paragraph (1) a of Law number 2 of 2014 concerning amendments to Law number 30 of 2004 concerning the Position of Notaries hereinafter abbreviated as UUJN and Law number 5 of 1960 concerning the Basic Regulations on Agrarian Principles, hereinafter abbreviated to UUPA. Where in article 15 paragraph (1) a UUJN which states that Notaries have the authority to make authentic deeds regarding all deeds, agreements and provisions required by statutory regulations and/or which are desired by interested parties to be stated in authentic deeds, this is often a loophole in a acts of legal smuggling carried out by foreigners and Indonesian citizens and often involving notaries in a loan agreement (nominee) related to the sale and purchase of land involving foreigners, which is contrary to UUPA article 21 which states that only Indonesian citizens can have property rights. Due to this conflict of norms, the authority to make deeds of a notary does not apply to all forms of agreements. Secondly, if the notary is proven to have committed an act of legal smuggling, the notary must be responsible for his actions both civilly, administratively and criminally.

The Substitute Notary's Responsibility for the Deed He Made

Purpose: A Substitute Notary is temporarily appointed as a Notary to replace a Notary who is on leave or sick. In Article 65 of the UUJNP, there is no explanation regarding the limits of the Substitute Notary's liability after his/her term ends. It is illogical because the limits of the Substitute Notary's authority end when the limits stated in his/her decision letter have expired, and he/she must still be responsible until his/her last breath.Methodology:The author uses a normative legal research method, legislative approach, legal concept analysis, case approach and comparative approach. The author's legal sources use primary and secondary law and tertiary legal materials. The legal collection technique uses document study techniques and recording.Findings: The responsibilities of a substitute notary can be divided into 4, namely: (1) Civil Liability of a Substitute Notary, (2) Criminal Liability of a Substitute Notary, and (3) Administrative Liability of a Substitute Notary. Legal protection for a substitute notary can be divided into 2: preventive legal protection and repressive protection.Implication:The responsibility of the Substitute Notary is only in the formal form of the authentic deed as stipulated in the law, so the Notary is not responsible for the contents of the deed. When carrying out their duties, a substitute notary will receive legal protection, including preventive legal protection to prevent disputes from occurring and repressive protection to resolve disputes that have already occurred. It is outlined in Article 66 of the UUJNP as a form of settlement effort if the notary is questioned.

Kewenangan Notaris Dalam Pembuatan Akta Peralihan Hak terkait Harta Perkawinan Beda Agama

As a public official, the notary has the authority to create authentic deeds concerning joint marital property. It is the notary's responsibility to provide legal education to the parties and the public regarding legal actions related to joint property. Joint marital assets result from a valid marriage, unless there is an agreement regarding the separation of assets. A valid marriage, according to the Marriage Law, is one that is carried out in accordance with the laws of each respective religion and belief. Indonesia is a country with diverse ethnicities and religions, so it is not uncommon to find interfaith marriages. However, interfaith marriages cannot be legally registered according to the law and the country. Until the Supreme Court Circular Letter Number 2 of 2023 was issued, judges were instructed not to grant requests for registration of interfaith marriages. Keywords: notary; marital property; interfaith marriages. .

Notary’s Legal Liability for Deeds Declared Null and Void

Notary is a public official authorized to make authentic deeds. The authority of a Notary in making authentic deeds is the authority granted by the Notary Position Law as stipulated in Article 15 of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position. Notarial deeds have perfect evidentiary power, which means that as long as no defects and untruths are found in the deed, the judge must be convinced and believe in the deed. However, if a dispute arises against the authentic deed, then the deed can be canceled or null and void. In carrying out his official duties towards an authentic deed he made, Notary is charged with a responsibility. So that if a deed is declared null and void, the Notary can be held accountable. This research is normative legal research, using library techniques and document studies to collect legal materials. analysis of legal materials in this study using deductive analysis. The results of this research show that, the form of Notary's responsibility for deeds declared null and void can include, civil responsibility, criminal responsibility and administrative responsibility.

Pertanggung Jawaban Notaris Terhadap Penerbitan Covernote Ditinjau Dari Perspektif Undang-Undang Jabatan Notaris

A covernote is a statement letter containing the notary's ability to carry out what the debtor wants. The notary has full responsibility for the contents contained in a cover note. Covernotes are not textually part of the authority of a Notary, this is interesting to study in more depth regarding the form of notary responsibility for the covernote that has been made. The research method used in this research is a normative juridical method. The conclusion obtained is that covernotes are not part of the authority of a notary as regulated in the Law on the Position of Notaries, but are a habit that grows and develops in society and is made into customary law. So that the notary's responsibility regarding the covernote that is made can be called for criminal, civil or moral sanctions imposed by the community.

FORCE MAJEURE AND NOTARY RESPONSIBILITY: THE CASE OF THE DESTRUCTION OF DEED MINUTES

Notaries, in carrying out their duties, have the authority to create authentic deeds, where authentic deeds serve as perfect evidence in court proceedings. According to Article 16 of the Notary Law (UUJN), the notary's obligation is not only to create authentic deeds but also to store them as part of the notary's protocol, which is a state document or archive that must be properly preserved and stored to prevent loss or destruction under any circumstances. The focus of this thesis is on the scenario where the notary's office, the place where all archives or protocols are stored, experiences a disaster or force majeure. The question arises whether the notary is still responsible for the destruction of the notarial protocol in such a case. The objective of this research is to examine and analyze the notary's responsibility for deed minutes that are destroyed due to force majeure and the legal construction of deed minute storage to minimize their loss due to force majeure. In this regard, concerning civil law liability, if the notary's negligence in safeguarding the notarial protocol results in losses for the parties involved, the notary's actions may be qualified as an Unlawful Act (PMH). PMH is regulated in Articles 1365 to 1367, stating that any unlawful act causing harm to others makes the perpetrator liable for the resulting losses. The legal consequences for a notary whose negligence leads to the loss or damage of deed minutes and failure to store them properly may result in administrative sanctions as stipulated in Article 9, paragraph (1), letter d of UUJN, which entails temporary suspension from the position of notary due to violating the obligations and prohibitions of the profession.

PERTANGGUNGJAWABAN NOTARIS TERHADAP COVERNOTE YANG DIBUATNYA DALAM PERJANJIAN KREDIT

The use of notary covernotes in credit agreements can cause bank losses in the event of default while the process of binding mortgage rights has not been completed. This study raised two formulations of the problem, namely how the legal consequences of the use of cover notes on credit agreements? and what about the legal responsibility of Notaries related covernote in credit agreements?, using the theory of legal consequences and the theory of professional ethics of notaries. The method used in this study with this type of research juridical normative legal research literature or secondary data with sources of legal materials primary, secondary, tertiary and supported interview. The research approach used is legal approach, case approach, conceptual approach and analytical approach. Legal material collection techniques performed by identifying and intervening in the rule of Law positive, literature books, journals and other sources of legal materials. For technical analysis legal material is carried out by the interpretation of grammatical laws and methods construction of a legal analogy. The results showed that the legality of Covernote cannot be considered as an authentic deed in accordance with the authority of notary officials in making authentic deeds, because Covernote does not meet the requirements set forth in Article 1868 of the Civil Code. Covernote is not part of the law provided for in the law, it is only a practice or custom that develops in the performance of Notarial duties. The factors that encourage a notary to issue a Covernote are usually related to the unfinished work related to the duties and authority of the notary to issue an authentic deed. Covernote is used as a notification that the customer's land letters of credit application are still in the process of certification, royalty process, reverse name, or breakdown process if they have been certified. For example, in the application for a credit agreement, application for a building permit (IMB), application for a decree of the Ministry of Law and Human Rights (Kemenkumham), management of Rights applications, and others. The notary's responsibility related to the Covernote he made is related to the Supreme Court decision number 181/PDT/2019/PT MKS. The notary is responsible in the event that the Covernote is not implemented in accordance with the contents of the Covernote, and the notary may be subject to civil penalties in the form of reimbursement of costs, damages, and interest due to which the notary must pay to the party who suffered losses due to the violation. This is a form of Notarial responsibility in compensating for losses suffered by the injured party

DUTIES AND AUTHORITY OF A NOTARY IN PRODUCING LAND DEEDS

Case Study 179/PDT.G/2022/PN.PLG is used to examine the roles and responsibilities of notaries in the creation of land deeds. Two primary lines of inquiry emerge from this statement of need for more study: (1) what are the responsibilities and powers of a notary in producing land deeds, and (2) what is the notary's responsibility for the land deeds he makes? A normative judicial methodology was used for this study. The result of this research is a notary's power to create land deeds is limited by Article 15 of the Law on the Position of Notaries. In compliance with legal mandates like the Government Regulation on PPAT, the Land Deed Making Officer (PPAT) is also empowered to create land deeds. A notary's ability to create certain property deeds, such as a Sale and Purchase Agreement Deed, is constrained by the PPAT's duties. The notary's obligation for land deeds depends on the cause of the inaccuracy. If the notary's mistake causes financial harm, the victim may file a civil lawsuit against the official. The UUJN also suggests possible criminal and administrative consequences, such as temporary termination. If the notary has followed all applicable laws and regulations and an honest mistake has occurred, the notary is immune from liability. This study's findings give a summary of the complexities involved in notaries' roles in drafting property deeds and fulfilling their obligations under relevant laws.

Notary Responsibility for Unlawfully Made Deeds in Legal Deeds of Buying and Selling Land

This research discusses legal protection for buyers who have good intentions in land buying and selling transactions based on Supreme Court Decision Number 20 PK/Pid/2020. The research method used is normative juridical research with a case approach. The data used is secondary data originating from primary, secondary and tertiary legal materials. In discussions regarding sale and purchase deeds, sale and purchase agreement deeds, or power of attorney deeds to sell, it is important to apply the principle of good faith to create a sense of mutual trust between the seller and the buyer. Good faith in an objective sense means that the agreement must be implemented by complying with the norms of propriety and decency so as not to harm either party

Notary Responsibility for Loss of Land Title Due to Notary Negligence

This article discusses the notary's responsibility for the loss of land certificates due to the notary's negligence. This research uses normative or literature research methods by analyzing relevant laws and regulations regarding the authority and responsibilities of notaries. The research results show that notaries have civil liability for losses caused by negligence or deliberate action in carrying out their duties. This civil liability includes reimbursement of costs, compensation and interest to the party who feels aggrieved. Notaries also have a professional code of ethics that regulates their duties and responsibilities, including the obligation to safeguard the interests of related parties and act with integrity. In the case of loss of a land title certificate, the notary must be responsible for the documents entrusted and may be subject to civil sanctions if negligence occurs.

Peran Kewenangan Dan Tanggungjawab Notaris Dalam Melakukan Pengurusan Perizinan Berusaha Berbasis Risiko Melalui Online Singel Submission

Risk-based business licensing is licensing administered by OSS institutions, where business actors to obtain permits must go through the OSS platform, in practice there is a notary who handles business licensing. So this research discusses first, what is the role and authority of a notary in arranging business permits through OSS? Second, is the notary responsible for arranging business permits by a notary through OSS which causes losses to business actors? The type of research used is normative legal research using conceptual and statutory approaches. The results of this research conclude firstly that the authority of a notary as a public official is to make authentic deeds for all deeds, agreements, and decrees as intended in Article 15 of the Law on the Position of Notaries. Meanwhile, the authority of notaries in arranging risk-based business permits through OSS must be based on the granting of power of attorney. Second, the notary's responsibility in arranging business permits through OSS to business actors who experience losses must be proven beforehand. If the loss in processing business permits is caused by a deed made, the notary must be held accountable for carrying out his duties in terms of making authentic deeds if he violates the provisions as intended in UUJN. However, if the sanctions imposed result in losses due to the implementation of business licensing, the notary cannot be held responsible.