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Mahdud, Muh. Afif
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Evidentiary Power of Authentic Deed Copies by Notary Protocol Holders: A Normative Legal Study in Indonesia Angeina, Shierly Patricia; Mahdud, Muh. Afif; Friday, Kuroyifa Wisdom
Potret Pemikiran Vol 29, No 1 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/pp.v29i1.4095

Abstract

Indonesian notarial law does not explicitly define the evidentiary hierarchy of authentic deed copies issued by Notary Protocol Holders following a transfer of custodial responsibility, creating legal uncertainty that threatens community civil rights. This study reassesses the evidentiary standing of such copies and delineates the normative boundaries of the Notary Protocol Holder's authority within the Indonesian civil evidence framework. A normative legal methodology is employed, integrating statutory, conceptual, and comparative approaches, drawing on primary legal materials including the UUJN and Civil Code, and comparative reference to Dutch and German notarial law. The protocol holder's authority, grounded in Articles 62 and 64 of the UUJN, is strictly custodial and confined to verbatim reproduction of the archived minute. Where formal requirements are satisfied, protocol-issued copies are capable of maintaining evidentiary equivalence across the three dimensions of external, formal, and material evidentiary power; however, this equivalence is not legislatively presumed, rendering continuity contingent on demonstrable procedural correctness. The normative gap disproportionately affects vulnerable groups, including women in inheritance disputes, indigenous communities, and low-income parties. Legislative amendment of the UUJN to affirm evidentiary equivalence explicitly, enhanced protocol administration standards, and progressive digitalization of notarial archives are necessary conditions for a more inclusive and legally certain civil evidence system in Indonesia.