Tarsono, Edi
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Legal Protection of Notary Employees in the Judicial Process Against Forgery of Signatures of Confrontants on Authentic Deeds Aprianto, Aprianto; Tarsono, Edi; Satrio, Yoga
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i1.7830

Abstract

Notaries are public officials authorized by law to draw up authentic deeds and are formally responsible for ensuring the accuracy of the parties' identities, the contents of the deed, and the signatures affixed. This study examines the legal protection available to notary staff who act as witnesses in the preparation of deeds, particularly in criminal proceedings involving forged signatures by parties appearing before the notary. Using a normative juridical method with a descriptive approach, the research analyzes secondary data obtained through document studies, including legislation, literature, and court decisions. The case analyzed is the Indonesian Supreme Court Decision No. 1209 K/Pid/2022, in which the notary was found guilty of initiating and participating in document forgery and sentenced to one year and six months of imprisonment. The findings indicate that notary staff who are not involved in the forgery are not subject to criminal liability. This research contributes to the discourse on legal accountability in notarial practice and emphasizes the importance of providing clearer legal safeguards for notary employees.
Forgery of Authentic Instruments by Notaries and the Scope of Legal Liability Khadijah, Khadijah; Tarsono, Edi; Wuryandari, Utji Sri Wulan; Surono, Agus
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i2.421

Abstract

The forgery of authentic deeds by notaries constitutes a serious legal issue with direct implications for legal certainty and public trust in the civil law system. As public officials, notaries are not only responsible for the formal accuracy of deeds but are also bound by a duty of care in verifying the identities and documents of the parties involved. This article examines the construction of notarial legal liability in cases of authentic deed forgery and the legal consequences arising from deeds executed on the basis of invalid document verification. Employing a normative legal approach, the study analyzes statutory regulations, legal doctrine, and judicial decisions, with particular emphasis on Bandung High Court Decision No. 73/Pid/2023/PT.BDG as a case study. The findings indicate that a notary’s failure to exercise due care, especially within the scope of official authority, may constitute fault giving rise to criminal, civil, and administrative liability. Authentic deeds prepared on the basis of invalid documentation may suffer a degradation of evidentiary value and may lead to the annulment of the legal acts embodied therein. The Bandung High Court decision affirms that the notary’s duty of care serves as a primary benchmark in assessing criminal liability, while also highlighting the need for clearer parameters to distinguish administrative negligence from criminal negligence in order to safeguard legal certainty.