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All Journal Jurnal Hukum Lex Generalis International Journal of Humanities Education and Social Sciences
Edi Tarsono
Universitas Pancasila
Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Tanggung Jawab Notaris dalam Penyusunan Akta Otentik Terkait Terjadinya Tindak Pidana Pemalsuan Tanda Tangan oleh Notaris Annisa Rahmaini; Edi Tarsono; Endra Wijaya
Jurnal Hukum Lex Generalis Vol 6 No 7 (2025): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i7.2376

Abstract

Notaries must ensure that all Acte they draw up fully comply with legal provisions, reflect the wishes of the parties, and are based on the facts of the case. As a public official, Notaries are not permitted to exceed the authority granted to them by law, and are prohibited from signing or certifying authentic Acte without the presence of the parties or without verifying their identities and signatures. However, the reality on the ground shows that there have been deviations from these provisions. In this case, the Notary did not thoroughly verify the presence of the parties or the authenticity of the signatures contained in the Acte. In fact, the Notary was known to have signed the Acte without ensuring the direct presence of the parties at the time of signing. This action not only contradicts the principle of prudence, but also causes the Acte in question to be legally flawed and lose its authenticity. The act of drafting and signing a power of attorney to sell without the presence of the interested parties, as well as using a forged signature, constitutes a violation of Section 264(1) of the Criminal Code in conjunction with Section 55(1)(1) of the Criminal Code, as well as Section 1365 of the Civil Code. Furthermore, violations of the provisions of the Notary Profession Law and the Notary Code of Ethics also indicate serious deviations in the performance of duties. The Panel of Judges has imposed a prison sentence, but dismissal as a notary without honor still requires a separate administrative process.
Legal Consequences Of Authentic Deeds Made Based On Oral Document Verification Without Written Evidence Khadijah Khadijah; Edi Tarsono; Rr. Utji Sri Wulan Wiryandari
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 5 No 5 (2026): IJHESS APRIL 2026
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v5i5.1979

Abstract

Against agreements including name loan agreements are generally set forth in an authentic Acte in order to have strong evidentiary power. An authentic Acte is a document made in accordance with the provisions of the form regulated by laws and regulations and drawn up by or in the presence of a Civil Servant authorized at the location of the Acte. The position of Notary is regulated in precisely in Clause 1 Number 1 UUJN. The provision states that a notary is a Civil Servant who has authority in making authentic Actes as well as other authorities as stipulated in this law. In his capacity as a Civil Servant, the notary provides explanations or testimonies regarding everything seen, witnessed and experienced by him that is done by other parties. This research is descriptive-analytical in nature, comprehensively, systematically, and thoroughly describing the legal consequences of authentic deeds made based on verbal document verification without supporting written evidence, particularly in relation to the notary's liability to third parties who suffer losses. The type of research used is normative legal research, which is research based on legal norms contained in legislation, legal doctrines, and related jurisprudence. An authentic Acte made only on the basis of oral verification of documents without being supported by written evidence carries serious legal consequences, namely the loss of authenticity and legal force of the Acte. This causes the Acte to be declared null and void or at least legally defective, contrary to the provisions Clause 1868 Civil Code, which requires written documents as a basis for making authentic Actes. As a result, the notary who made the Acte must be legally responsible for losses suffered by third parties, including criminal, administrative, civil, and ethical liability, which confirms that the notary's liability is multidimensional in order to maintain the integrity of his profession.
Co-Authors Annisa Rahmaini Endra Wijaya Khadijah Khadijah Rr. Utji Sri Wulan Wiryandari