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All Journal Journal of Contemporary Law Studies
Luki Sudarman
Universitas Dirgantara Marsekal Suryadarma
Law, Crime, Criminology & Criminal Justice

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Pertanggungjawaban Notaris atas Pembuatan Akta Autentik yang Cacat Hukum Luki Sudarman
Journal of Contemporary Law Studies Vol. 3 No. 4 (2026): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i4.6313

Abstract

A notary, as a public official, is authorized to execute authentic deeds that possess full evidentiary force. However, in practice, authentic deeds that are legally defective may still be found due to the non-fulfillment of either formal or substantive requirements, thereby creating legal uncertainty and causing losses to the parties involved. This study aims to analyze the legal framework governing notaries’ liability for the execution of legally defective authentic deeds, as well as the limits of such liability and the legal consequences arising for the injured parties. This study employs normative legal research using a statutory approach and a conceptual approach through an analysis of laws and regulations, legal literature, and scholarly journals. The findings indicate that notaries’ liability is regulated under the Notary Position Law, the Indonesian Civil Code, and Law Number 1 of 2023 concerning the Indonesian Criminal Code, encompassing administrative, civil, and criminal liability. The limits of a notary’s liability are determined by the existence of fault or negligence in the performance of the notary’s official duties. Meanwhile, the legal consequences of a legally defective deed may include the degradation of its evidentiary force, annulment, nullity by operation of law, and the right of the injured party to seek compensation in accordance with the applicable laws and regulations.
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