Responsibility Of Notary Research Articles

Position, Tenure And Responsibility Of The Notary In Carrying Out The Position Of Notary

Notary, as authentic deed-makers, has a vital role in people's lives. It is because society needs someone whose information is reliable and trustworthy, whose signature and seal (stamp) can provide solid guarantees and evidence, an impartial expert and an adviser who has no defects, who shuts up and makes an agreement that can protect in the days to come. The position of the notary must provide legal certainty services in the form of doing authentic deeds and making land deeds; in their duties, two main functions, namely the first notary has legal certainty responsibility to the public for any ratification of legal bindings, and the second is that the notary has the authority granted by law as a state official to provide legal reinforcement for legal bindings, which in the end gives peace and a sense of security to the community. The notary's responsibility is determined by the nature of the violation, the legal consequences it causes, and the potential mandatory risks. Therefore, Notaries, in carrying out their positions, doing authentic deeds, and others, apparently made mistakes, so what is used beeps fout is a unique term addressed to errors made by professionals with particular positions, such as Notaries whose mistakes are made carrying out the job.

The Notary's Responsibility Regarding Deliberate Dishonesty Actions

A notary is a public official who performs his or her position based on the authority given to him or her by the law. A notary declares and states the wishes of all parties in the authentic deed according to his or her legal knowledge. Prior to that, a notary has to make sure the deed does not violate the law, public order, or morality. One of the common problems with notarial deeds is when false statements are found in an authentic deed. The inclusion of false statements above into an authentic deed is a crime that is covered by Article 263 Paragraph (1) juncto Paragraph 264 Paragraph (1) of the Indonesian Criminal Law. This research is normative juridical research with a statutory approach and conceptual approach. The conclusion of this research is most of the false statements found in authentic deeds came from the parties interested in the deed; however, this does not mean a notary cannot be involved. Criminal law seeks material truth, and material truth cannot be assumed that the notary has only reiterated the wishes of the involved parties. The Notary may make two kinds of mistakes, intentionally or negligently. Therefore, it is necessary to distinguish between deliberate dishonesty and malpractice in notaries during their duties. A notary who intentionally submits false information to their deed the measures it called an act of deliberate dishonesty.

PERTANGGUNGJAWABAN NOTARIS TERHADAP PEMBATALAN AKTA PERJANJIAN PERKAWINAN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN

Abstract 
 In practice, the marriage agreement deed made by a notary can be cancelled by the court. The cancellation causes losses for the party who made it. So it becomes a problem how the notary's responsibility for the cancellation of the marriage agreement deed made in the form of a notary deed carried out by the court. This study aims to analyse the notary's responsibility for cancelling the marriage agreement deed made by the court. The research method used is normative juridical research using a statutory approach and a case approach. The results showed that the notary's responsibility for the marriage agreement deed was cancelled by the court's decision, especially in case number 598 PK/PDT/2016, providing information because the case was included in the administrative area.Furthermore, in the Law on Notary Positions, the notary's responsibility to the deed he makes is that the notary's responsibility is charged to his position. So the result is that the marriage agreement in case Number 598 PK/PDT/2016 is null and void because it does not meet the requirements in Article 29 paragraph (1) of the Marriage Law Article 147 of the Civil Code, namely the marriage agreement, must be made before or when the marriage takes place and is made in a notary deed and ratified by the marriage registrar. Concerning the cancellation of the marriage agreement, it returns to its original state as did not occur in the previous agreement, namely the merger of assets during the marriage and its distribution. Notaries, as public officials, can be held accountable for authentic deeds, resulting in null and void that they make based on the distribution of responsibilities. In this case, the notary's responsibility is borne by the position.

The main characteristics of the notary system of Turkey

In Turkey, the notary is a public (state) service. But nevertheless, the notary has a unique status. On the one hand, although notaries by some parameters belong to civil servants, on the other hand, they are self-employed, have the right to hire and dismiss an employee, dispose of the income received, appear in court on their own behalf, pay taxes independently. At the same time, notary expenses are not covered by the state. The onset of the responsibility of the notary of Turkey according to Article 162 of the Law on the Notary is not tied to the fault. Even if it was done by interns, secretaries and candidates for secretaries, notaries are responsible for those who suffered because the work was not done or was done incorrectly or incompletely. Here it turns out that the conditions of the notary's responsibility are the illegal notarial activity of the notary or his trainees, the secretary and the candidate for secretaries and the causal relationship between illegal notarial activity and harm. Liability disappears only if the notary proves that there is no causal relationship between the notary's notarial activity and the damage that has occurred. The article describes the main characteristics of the notary system of Turkey. In Turkey, notaries play an important role in the legal system. The function of notaries is to certify documents that are indisputable evidence. That is, until proven otherwise, notarized documents are indisputable evidence. Keywords: notary-notary-notary status-uniqueness of notary status, notary's responsibility, notary's innocent responsibility.

The Responsibility of Werda Notary to Deals the Problems What Has Done

This study aims to find out and examine how long the Notary is responsible for the deed made after the end of his term of office, as well as to find out and examine how the forms of civil liability of the Notary are to the deeds made after the end of his term of office. This type of research uses normative juridical, which is an analytical perspective. The results showed that the form of notary accountability after a Werda Notary can be divided into 3 (three) including 1) Civil liability of the Notary to the material truth of the deed he has made, 2) Civil criminal liability of the Notary to the material truth of the deed he has made, 3) Notary's responsibility in carrying out the duties of the position are based on the notary code of ethics. Werda Notary who has violated the deed he made and caused harm to the parties may be subject to legal provisions both civil and/or criminal as long as the time limit has not been exceeded as stipulated in the Civil Code Article 1967 and the Criminal Code Article 78 jo 79, if the limit the time period has expired, then the parties can legally no longer file a lawsuit and/or claim the notary's office.

The Notary Responsibility for Making A Power of Attorney to Sell on Subsidized Housing Loans to Debtors Who Default

The notary makes a power of attorney to sell on the binding of subsidized housing loans is a legal act that has been in accordance with the law on his authority to make an authentic deed and has been based on the wishes of the appearers. However, in practice, the power of attorney (in this case, the debtor of subsidized housing loans) when there is a default, the debtor sues the notary deed to be canceled or cancelled. This study aims to identify and analyze the responsibility of the Notary for making a power of attorney to sell on subsidized housing loans to debtors who default. The research approach method used in this thesis is a normative juridical legal research method. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the Civil Code; Permenkumham No. 17 of 2021; Letter of Exit from the Head of the National Land Agency of the Republic of Indonesia, as well as secondary data containing books and other supporting documents. Collecting research data with interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is a qualitative analysis of the interactive model. The results of the study show that: (1) The authority of the Notary to make a power of attorney to sell on subsidized housing loans is appropriate based on the Exit Letter of the Head of the National Land Agency No. 4398/17.3-300/XI/2011. (2) The Notary's responsibility as a public official if proven guilty of making a power of attorney to sell a house on a subsidized housing loan, then based on the Law on Notary Position, the deed in question only has the power of proof as a private deed.

The Notary's Responsibilities for the Making of Deeds and the Electronic Storage of Minutes of Deeds

This study aims to determine and analyze the process and responsibilities of a notary in the manufacture and storage of minutes of deed electronically and to find out examples of deeds that contain electronic elements. The research approach method used in this thesis is a sociological juridical legal research method. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the 1945 Constitution; Act No. 2 of 2014; Code of Civil law; the Criminal Code, as well as secondary data containing books and other supporting documents. Collecting research data with interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is qualitative analysis. The results showed that: First, the electronic deed has not yet obtained a strong legal basis, so it does not provide a guarantee of legal certainty. Legal certainty can be achieved, if there are no conflicting provisions between one law and another. Second, electronic storage of deed minutes can already be done because several laws already allow it. The requirement for a deed to be stored electronically is an authentic deed that must be made and stored conventionally. Storage of minutes of deeds electronically can already be done because some laws already allow it. The requirement for a deed to be stored electronically is an authentic deed that must be made and stored conventionally. Storage of minutes of deeds electronically can already be done because some laws already allow it. The requirement for a deed to be stored electronically is an authentic deed that must be made and stored conventionally.

The Responsibility of the Notary in Providing Legal Information to the Parties on the Deed He Made

Legal Counseling is carried out by providing clear, directed explanations, so that the meaning and purpose of the authentic deed are easily understood and understood by the parties. Sometimes people only provide explanations and documents without knowing the legal issues. Article 15 paragraph paragraph 2 letter e of Act No. 2 of 2014 explains that, "in addition to the authority as referred to in paragraph (1), the Notary is also authorized to: provide legal counseling in connection with the making of the Deed." Here it is explained that every notary is obliged to explain the responsibility to provide legal counseling to the parties/clients. This research purposed to review and analyze the Responsibilities of the Notary in providing legal counseling to the parties for what he did in the City of Kendari, and to examine and analyze the obstacles and solutions of the notary in providing legal counseling to the parties for what he did. The research approach method used in this research was an empirical juridical research method. The type of data used in this research Primary Data includes Act No. 2 of 2014 concerning Notary Positions and Secondary Data containing books and documentsother supporters. Collecting research data with interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is a qualitative approach in order to obtain descriptive data. The results of the study show that: First, the Notary's responsibility in providing legal counseling is only to provide advice to the parties/clients, it is the client who has the decision in the deed as long as it does not conflict with Article 1320 of the Criminal Code, so that there are no consequences.law in the future. Second, the barriers are competence, clients who do not explain in detail, communication, differences in interpretation, and client characteristics as well as upgrading solutions for notaries, supporting documents, communication skills, discussion for solutions, and psychological approaches.

The Responsibility of Werda Notary to Deals the Problems What Has Done

This study aims to find out and examine how long the Notary is responsible for the deed made after the end of his term of office, as well as to find out and examine how the forms of civil liability of the Notary are to the deeds made after the end of his term of office. This type of research uses normative juridical, which is an analytical perspective. The results showed that the form of notary accountability after a Werda Notary can be divided into 3 (three) including 1) Civil liability of the Notary to the material truth of the deed he has made, 2) Civil criminal liability of the Notary to the material truth of the deed he has made, 3) Notary's responsibility in carrying out the duties of the position are based on the notary code of ethics. Werda Notary who has violated the deed he made and caused harm to the parties may be subject to legal provisions both civil and/or criminal as long as the time limit has not been exceeded as stipulated in the Civil Code Article 1967 and the Criminal Code Article 78 jo 79, if the limit the time period has expired, then the parties can legally no longer file a lawsuit and/or claim the notary's office.

The Imposition of Sanctions For Delay Reporting of A Will Deed To The Center For The Will List

Humans from birth are destined to have property attached to themselves to be used as a means of carrying out life. These assets can be traded, donated, pledged, or even given to the heirs when he dies. A person may make a will before a notary as a general official who can record the final will of the testator and keep the will and report it to the register of the will center. The main purpose of making a will is related to the distribution of the property of the testator to the beneficiary so that there will be no disputes regarding inheritance in the future. In making a will, the notary plays a very important role from pre-making to the opening of the will before the heirs or testament. However, sometimes a notary can be negligent of the provisions of reporting each month to the list of will centers. This study examines the concept of a will more deeply, and how the notary's responsibility for negligence in registering a will with a will center register. The formulation of the problem in this legal research is the concept of a will and the role of a notary in storing and reporting to the center of the will list, the second problem formulation is the provision of sanctions against a notary who is negligent in reporting a will to the center of the will register. The conclusion in this study is that a will is a form of legal action carried out by the heir regarding the final will which in this case is assisted by a notary as a public official who is authorized to assist the process of issuing a will and keeping a will, as well as other obligations attached to reporting to list of will centers regarding the presence or absence of a will. The legal consequences for a notary who are negligent in reporting the presence or absence of a will in the central will list system, the notary must be responsible and accountable for his actions. With regard to the type of sanctions, that in PERMENKUMHAM No. 60 of 2016 does not clearly regulate what sanctions are given to a notary if he is negligent in carrying out his duties, therefore the inherent sanctions refer to the provisions of the Notary Position Act and may be subject to civil sanctions

Role & Responsibilities of Notary in Implementation of Association Registration Through the Online Legal Entity Administration System

This study aims to analyze: 1) The procedure for registering associations is through the online Legal Entity Administration System. 2) The role and responsibilities of a notary in carrying out the registration of associations through the online Legal Entity Administration System. The approach method in this research is a sociological juridical approach. The data used are primary data and secondary data obtained through interviews and literature study, data analysis was carried out in a descriptive analytical manner. The results of the study concluded: 1). The association registration procedure through the online Legal Entity Administration System is uncomplicated. The procedure begins with an application for ordering the name of the association through SABH www.ahu.go.id, then the application for legalization of the association's legal entity must be submitted by a notary with supporting documents submitted electronically. Supporting documents in the form of an electronic statement from the applicant. A statement letter containing the completeness of the association's establishment documents from the applicant. The Ministerial Decree concerning the legalization of the legal entity association is issued no later than 14 days. The period of time is calculated from the date of the statement of no objection from the Minister. The fee for ordering the name of the association is IDR 100,000, -, while for the ratification of the establishment of the association of IDR 250.000,-. 2). The role of the notary in carrying out the registration of associations through the online legal entity administration system is to order names and register the ratification of the association to the minister through the SABH. Notaries have an important role in managing the legal entity of the Association. People who need the legal entity ratification of the Association cannot access the SABH directly but must go through a Notary who has been registered in the SABH. This is because the notary plays a role in carrying out statutory orders so that the interests of the parties do not violate the law.

Responsibility of Notary Letter Approval on Under Hands Contract

One of the legal actions by Notary in addition to making an authentic deed is making the ratification of an underhand letter and according an underhand letter (legalization) by a Notary. Underhand letters that need to be ratified include a letter of sale and purchase agreement in which a transaction occurs. In applying and interpreting the meaning, method and form of making an underhand letter ratification, interpretations and contradictions often arise regarding this matter, especially with regard to the Notary's Responsibilities in making underhand letter ratification. The purpose of this study is to understand about the responsibility of a notary in making the ratification of an underhand letter in the theory of legal protection and legal certainty theory. This study used a normative research method with statutory approach and library approach. The results of this study indicate that the form of the agreement in the ratification of the letter under the hands of a Notary with legal protection that the notary has no legal obligation to the agreement made by the party making the agreement. However, legal protection is given through the provision of sanctions to Notaries in accordance with the Notary Position Act if it is proven that the Notary has committed deviant actions or behavior or violates the Notary Position Act and the Notary Code of Ethics. The forms of sanctions given are administrative sanctions, civil sanctions, and other sanctions (criminal sanctions and sanctions for a notary code of ethics).

Tanggung Jawab Notaris Terhadap Akta Hak Waris Yang Mengalami Degradasi Nilai Pembuktian (Studi Putusan PN Cianjur No. 259/PID.B/2015/PN.CJR)

This paper aims to analyze and find answers to the problem of the notary's responsibility for the inheritance rights deed which has degraded the evidentiary value by studying the decision of the Cianjur District Court No. 259/PID.B/2015/PN.CJR. The problem is focused on how the notary's responsibility is in the case of the deed of inheritance rights which has degraded the value of the proof due to a court decision that has permanent legal force and how the legal protection for the parties contained in the deed of inheritance rights has experienced a degradation of evidentiary value due to a court decision that has a force permanent law. In order to approach this problem, a normative legal research type that is descriptive analytical is used by using secondary data as the main data and primary data as complementary data. This research uses data collection techniques with library studies and qualitative data analysis. This study concludes that the notary is responsible for the deed of inheritance rights which has deglazed the value of proof based on the moral code of ethics and responsibility based on state law. Liability is determined based on the nature of the violation and the resulting legal consequences, accountability can be in the form of administrative sanctions and civil sanctions. Legal protection can be obtained through civil action and through the local notary supervisory agency and the notary can then report the notary to the Regional Supervisory Council.

Tanggung Jawab Notaris Atas Karya Yang Tidak Menerapkan Prinsip Kehati-Hatian (Studi tentang Gugatan Pembatalan Akta Pada Putusan Mahkamah Agung Nomor 3390 K/Pdt/2015)

This research aims to analyze the "Responsibilities of Notary for Deeds that Fails to Apply the Prudentiality Principle (Study of Lawsuit for Cancellation of Deeds in Supreme Court Decision Number 3390 K/Pdt/2015)", with the following problem formulation: First, what is the basis the legal considerations of the panel of judges annulled the Notary Deed in the Supreme Court Decision Number 3390 K/Pdt/2015; Second, what is the responsibility of the Notary for a deed that fails to apply the precautionary principle. This is a normative juridical research. The research data was obtained by means of literature and document studies. The analysis used in this research is juridical analysis. The results of this study conclude that, first: canceling the notarial deed in the Supreme Court Decision Number 3390 K/Pdt/2015, is the basis for making a grant deed with a power of attorney which legally and legally is null and void so that the agreement is deemed not to exist or has never been born, second: the form The responsibility of the notary for a deed made without applying the precautionary principle is a moral responsibility, however, if the error occurs due to the negligence of the notary and results in losses by the parties, then legal remedies can be taken to hold the notary accountable in making an authentic deed.

Kewenangan dan Tanggung Jawab Notaris Dalam Pembuatan Akta Pernyataan Keputusan Rapat Yayasan Yang Tidak Memenuhi Kuorum

Notaries have jurisdiction under Article 15 of the UUJN and responsibility under Article 16 of the UUJN. A Notary's responsibilities extend beyond his own, as he is a public authority authorized to make a genuine deed. Because the Notary's negligence will have legal ramifications for the deed he made. Notaries must also follow all applicable laws and regulations while preparing the Deed of Statement of Foundation Meeting Resolutions. This study used the library research approach, which involves looking through library materials or secondary data. This project will discover, explain, and categorize library materials that provide information pertinent to the concerns presented. According to the research, a Notary's principal authority is to make a genuine document, which might be an official deed (relaas) or a party deed (partij). The UUJN controls a Notary's particular authority, which is to provide legal advice in connection with the making of a deed. The Foundation Law must be followed while drafting the Deed of Statement of Foundation Meeting Decisions based on the Trustees meeting decision. Deed of Statement of the Foundation Meeting Resolutions whose minutes do not reach the quorum are subject to sanctions such as cancellation of the deed.

Notary Responsibility For Forgetting Description in Assets or Letters According To Positive Laws in Indonesia

Notary profession is prone to legal entanglement. This is because notary internal factors such as carelessness, not complying with procedures, not carrying out professional ethics and external factors such as the behavior of the community. This research is intended to find out and analyze the limitations of the element of letter forgery by Notary Public and Notary Accountability for falsification of information in deed or letter according to positive law in Indonesia. Normative juridical research methods. The data source is secondary data. The results of the study in the form of narrative text. Analysis of legal materials used is qualitative normative. The results of the study showed the limitation of the element of forgery of letters by notary public, can be seen in terms of the actions of the perpetrators and the harmed parties. There is an element of wrongdoing made by the perpetrators and the injured parties are the parties in the deed made by notary public. Notary Accountability for falsification of information in deed or letter according to positive law in Indonesia there are three, namely criminal, civil, administrative / ethical accountability. Notary should be careful in carrying out its work so that there are no mistakes and harm to the parties so that it can cause sanctions in the form of accountability.Keywords: Notary, Letter Falsification, Accountability

Accountability of a Notary in Court for Underhand Deed Legalized by a Notary

This research aims to provide an explanation of the responsibility of notary public in the Court of deed under the hands of a notary public, facts in the field show that a Notary is often called to the court to give testimony on the evidence of the trial, namely a letter under the hand legalized by the notary, therefore there needs to be an explanation of the notary's liability for the deed made or legalized. Notary responsibility for deed under legalized hands is heavier than waarmerking, because the parties sign before notary public where notary does not ascertain the content of a deed whether it is wrong or true. Although only legalization but the deed under the hand has the value of being a valid and strong evidence in court so that sometimes dragging a notary witness in the trial. Notary can be subject to criminal sanctions if they are proven to have harmed one of the parties and the Notary can also be subject to civil sanctions in the form of compensation according to what was suffered by the parties.

Ketentuan Daluwarsa Dalam Pertanggungjawaban Notaris Terhadap Akta Notariil Yang Dibuatnya

Notaries are responsible for authentic deeds which result in null and void at the end of their term of office. The need for limitations in the matter of the Notary's responsibility is because in civil law there are restrictions on prosecution. Article 1967 of the Civil Code explains that claims in civil law will be deleted after the 30-year time limit has passed. In this case, it creates uncertainty in terms of legal protection for the Notary as a Public Official after the end of his term of office and there is a blurring of norms in terms of determining the expiration time limit of the Notary's responsibility for the agreement he made in terms of Article 65 UUJN-P. There is a legal issue that is studied in this study, namely how the provisions on the expiration date of the Notary's accountability for the Notary deed he made. The author's purpose of doing this research is to identify and to analyze the expiration provisions in the Notary's responsibility for the notarial deed they made. The research method used is normative legal research, using a statutory approach, and a conceptual approach. The conclusion in this study is that UUJN does not regulate expiration, which means the Notary's lifelong responsibility regarding warkah, minutes of deed, and others. The difference between the 30 year expiration is completed with the Notary's accountability. The notary is responsible for being able to prove the truth of the deed in court when asked for information

Administrasi Dan Pertanggung Jawaban Notaris Atas Akta Notariil Yang Batal Demi Hukum

The object of this research is "administration and notary accountability for notarial deed which is null and void". There are 2 (two) problem formulations in this study, namely first, what is the administrative form of a notarial deed which is null and void? Second, what is the form of a notary's responsibility for a notarial deed that is null and void? This is an empirical legal research using qualitative data analysis methods. The results of this study conclude that the administrative settlement and the notary's responsibility for the deed which is null and void then is responsible for completing the administrative deed in his office, and is responsible for the completion of the deed even though it is protected from sanctions. The suggestion that the author gives is expected to be a notary in making the deed, because the deed made will affect legal certainty for the parties and the legal actions that are accommodated in the deed

The Urgence of Making a Shareholders List on Limited Company

The purpose of this study is to find out the legal consequences if a company does not make a Shareholder Register, the second is to know the Notary's Responsibilities in making any Deed that does not have a Shareholder Register. This study uses a normative juridical writing type by using secondary data sources. The results of this study that the Board of Directors is obliged to make a Register of Shareholders, related to the legal consequences if this is not done, it is not regulated in the Company Law, then it is considered that there was negligence on the part of the Board of Directors because this is an obligation of the Board of Directors. Furthermore, the Notary's Responsibilities in the preparation of any Deed for which there is no Register of Shareholders that the responsibilities of the notary prior to the making of the deed relate to the notary's thoroughness and prudence in viewing and examining documents according to the facts.