Perlindungan Hukum Notaris Terkait Hilang dan Rusaknya Minuta Akta Akibat Keadaan Memaksa

I Komang Yogi Triana Putra (Fakultas Hukum Universitas Brawijaya)

DE LEGA LATA: Jurnal Ilmu Hukum
Vol 6, No 2 (2021): Juli-Desember

Every Indonesians Notary obliged to make a minuta deed (original) and keep it as notary protocol to give a law fact, so if the future have misuse of the gross, copy of deed, or the quotation of deed can be proved by matching the original. The Indonesians Notary Law rule the Notary sanction if doesnt keep the minuta deed from loss or damage. The legal issue raised if the obligation is not carried out due to forced conditions, how the responsibility and legal protection of the Notary. By conducting juridical normative research and conceptual approach concluded the Notary can responsibility as Absolute Liability Principle because the sanction doesnt describe the element of fault that must occur, so that legal protection is limited to supervision because there are no standard rules to protect the position of Notary. Therefore, it is necessary to make more detailed and clear legal rules related to legal liability for notaries whose deeds have been lost or damaged due to coercive circumstances. This is intended so that the notary obtains legal protection in the event that the deed he has made is lost or damaged due to coercive circumstances and is not a negligence or deliberation of the notary.