Journal of Law, Poliitic and Humanities
Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities

Legal Protection of Notaries Against Acts Against the Law on False Testimony by Presenters

Laurel Rahardjo (Unknown)
Mella Ismelina FR (Unknown)



Article Info

Publish Date
10 Mar 2025

Abstract

This study aims to determine the form of legal protection for notaries against unlawful acts of false statements by the parties and to determine the judge's considerations in determining the notary's responsibility for unlawful acts of false statements by the parties. The research method used is normative legal research. The results of the study indicate that the form of legal protection for notaries against unlawful acts of false statements by the parties is regulated in the Notary Law (UUJN). Article 66A of the UUJN stipulates that the summons of a notary for legal proceedings must obtain the approval of the Notary Honorary Council (MKN). The notary's responsibility is limited only to the formality of making a deed, while the material truth of the statement is the responsibility of the party appearing, as regulated in Article 16 paragraph (1) letter c of the UUJN. This protection is in accordance with the principle of the presumption of innocence and the position of a notary as a public official, and can be strengthened through legal steps if criminalization occurs. In the Supreme Court Decision Number 98 K/Pid/2021, the judge decided that the notary was not criminally responsible for false statements given by the party appearing in an authentic deed. This decision is based on the principle that the notary's responsibility is limited to the formal truth of the deed, while the material truth of the contents of the statement is entirely the responsibility of the person appearing.

Copyrights © 2025






Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...