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Journal : TABELLIUS

Notary's Responsibility for the Criminal Act of Forgery of Authentic Deeds (Study of Decision Number 1003 K/Pid/2015) Nuraini, Rubit Wahyu; Arifullah, Achmad
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Notary is a public official who is authorized to make authentic deeds and other authorities as referred to in Law Number 2 of 2014 concerning the amendment to Law Number 30 of 2004 concerning the Position of Notary. This study aims to analyze the responsibility of notaries for the criminal act of forgery of authentic deeds with a case study in Decision Number 1003 K/Pid/2015. The main focus of this study is to understand the legal position of notaries in the context of making authentic deeds and the legal implications that arise if forgery occurs. In addition, this study also explores aspects of criminal and civil law related to the responsibility of notaries in carrying out their duties, in order to provide recommendations for legal protection for the injured parties. The research method used is a normative legal approach by examining laws and regulations and case approaches, legal doctrines, and case studies of court decisions. Data were collected through literature studies and analysis of related legal documents. The analysis was carried out descriptively qualitatively to obtain a comprehensive picture of the notary's responsibility in cases of forgery of authentic deeds. The results of the study indicate that notaries have legal responsibilities both civilly, criminally, and administratively in making authentic deeds. Decision Number 1003 K/Pid/2015 reveals that forgery of authentic deeds can result in criminal sanctions for notaries who are proven to be negligent or intentionally violating the law. From this study, it is recommended that there be strengthening of regulations and supervision of the notary profession in order to prevent abuse of authority in making authentic deeds.
Legal Protection for Legitimate Owners in Disputes Over Dual Certificate Ownership Due to Unlawful Acts Sari, Nurmila; Arifullah, Achmad
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. This study aims to analyze the legal protection provided to legitimate owners in dealing with disputes over ownership of duplicate certificates and the legal remedies that can be taken in response to such unlawful acts. The research approach uses a normative juridical method by reviewing laws and regulations, court decisions, and related legal literature. The analysis refers to several key regulations, namely Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA), which regulates land ownership rights and dispute resolution mechanisms; Law Number 4 of 1996 concerning Mortgage Rights; and Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In addition, legal protection is also based on the provisions of the Civil Code (KUHPerdata), specifically regarding unlawful acts (Article 1365 of the KUHPerdata), which allows legitimate owners to file lawsuits for compensation and cancellation of duplicate certificates. The results of the study indicate that legal protection for legitimate owners still faces obstacles such as complex land administration bureaucracy and the potential for corruption, as well as weak coordination between relevant institutions. Therefore, it is necessary to strengthen legal mechanisms by increasing transparency and accuracy in land administration, as well as strict law enforcement against unlawful acts that result in the issuance of duplicate certificates. Legitimate owners can pursue civil and criminal legal remedies, including filing lawsuits for unlawful acts, to obtain legal certainty and restitution of their rights. This study provides strategic recommendations for the government and relevant institutions in improving the land administration system and strengthening legal protection to achieve justice for legitimate landowners and reduce duplicate certificate disputes in Indonesia. Keywords: Disputes; Dual Certificates; Legal Protection.