International Journal of Educational Research and Social Sciences (IJERSC)
Vol. 6 No. 4 (2025): August 2025 ( Indonesia - Zimbabwe )

Responsibilites of Instrumental Witnesses In The Preparation of Notarial Deeds Containing Defects

Ius Budiasto, Luthfi (Unknown)
Sentot Sudarwanto, Albertus (Unknown)
Purwadi, Hari (Unknown)



Article Info

Publish Date
28 Aug 2025

Abstract

A notary deed serves as an authentic piece of evidence in a legal relationship, which requires the presence of not only a notary but also an instrumental witness. The existence of instrumental witnesses is a condition for the validity of a deed, because a deed without instrumental witnesses will lose its authenticity. However, when a deed contains formal or material defects, questions arise as to the extent of the responsibility imposed on the witnesses. This study uses normative legal research methods with a statutory approach, examining the Law on Notary Positions (UUJN), the Civil Code, and relevant doctrines. This study aims to analyze the legal responsibility of instrumental witnesses in making notary deeds containing defects. This research is a normative legal research with a legislative approach. The analysis was carried out using the theory of legal responsibility and the theory of legal protection as the basis for argument. The results of the study show that the responsibilities of instrumental witnesses should be limited to formal aspects, such as attendance and deed signing. Therefore, a renewal of the notarial law is needed that explicitly regulates the limits of responsibility.

Copyrights © 2025






Journal Info

Abbrev

go

Publisher

Subject

Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

International Journal of Educational Research and Social Sciences (IJSERSC) is to provide a research medium and an important reference for the advancement and dissemination of research results that support high-level research in the fields of Educational Research and Social Sciences. Original ...