Vidyadhara Prawiratama Nugraha
Fakultas Hukum Universitas Bengkulu

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Mass Notarial Deeds and the Principle of Notarial Prudence: A Comparative Study Rachmat Akbar; Zico Junius Fernando; Huriyah Raih Cita; Vina Ayu Subagta Tolinggar; Vidyadhara Prawiratama Nugraha
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 11, No 1 (2026): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v11i1.4983

Abstract

This article examines the phenomenon of mass notarization and its implications for the application of the principle of prudence in notarial practice. Increased economic activity and public demand for legal services have resulted in more deeds being prepared by notaries. This situation has created tension between the need for efficient service and notaries' professional duty to exercise due diligence, which includes verifying identities, assessing legal capacity, clarifying the parties' intentions, and explaining the content of the deed. This study employs a normative legal research method, drawing on legislative, conceptual, comparative, and futuristic approaches, based on legislation, legal doctrine, and comparative notarial practices from various countries. The findings indicate that Indonesian positive law does not explicitly set a daily limit on the number of deeds a notary may issue, raising the possibility of mass deed issuance and compromising the quality of the deed-issuing process. Therefore, strengthening regulations and operational standards is essential to balance service efficiency, legal certainty, and the integrity of the notary profession within the Indonesian legal system