Malinda, Rizka Saraswati
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Creation Of Fake Authentic Deeds By A Notary Which Harms Others Malinda, Rizka Saraswati; Sunardi, Sunardi
International Significance of Notary Vol 6, No 2 (2025): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v6i2.25931

Abstract

Abstract : Bad faith includes acts of fraud, a series of misleading others, as well as behavior that ignores legal obligations in order to gain profit. Not a few notaries experience problems in connection with deeds they have made which are declared to be private deeds or become null and void by a court decision as a result of legal defects found in their making. What are the Responsibilities of Notaries for the Contents of Authentic Deeds Made Based on Fake Documents, What are the Legal Consequences of Notarial Deeds Based on Fake Documents. As is known, a person can only be sentenced to a crime if his or her actions meet all the elements of a criminal act formulated in the Articles of the Criminal Law, which is a normative requirement that must be fulfilled if a person can be punished for committing a criminal act, that is, the act must be proven to match all the elements of a criminal act. Sanctions are a coercive tool, apart from punishment, also for complying with provisions stipulated in regulations or agreements. Sanctions are also interpreted as a coercive tool as punishment for disobeying an agreement. A notary can be involved in a criminal case and he can even be held criminally liable if he violates what according to law includes prohibited elements. When it comes to notaries who are asked to be held responsible, a question arises, namely in what way a notary who makes a deed based on false information will be asked to be held criminally responsible if he makes a deed based on false information. The case that occurred in 2023 was that a Notary practicing in the city of Bekasi was legally and convincingly proven guilty of committing the crime of "falsifying authentic documents", Decision Number 933 K/Pid/2023 Bekasi District Court. The Defendant's actions are regulated and punishable by Article 264 paragraph (1) of the Criminal Code which states "Forgery of Documents is punishable by Eight Years' Imprisonment if committed against Authentic Deeds". A Notarial Deed which has perfect evidentiary power, but if it violates certain provisions, its evidentiary value will be degraded to having the evidentiary power as a private deed, the position of a Notarial Deed which then has the evidentiary power as a private deed is an assessment of a piece of evidence. If a deed is declared null and void, the deed is deemed to have never existed or was never made, something that has never been made cannot be used as the basis for a claim in the form of reimbursement of costs, compensation and interest. Thus, a Notarial deed that is void by law should not have the effect of providing reimbursement of costs, compensation or interest to the party mentioned in the deed.