Pertanggungjawaban Notaris terhadap Isi Akta Autentik yang tidak Sesuai dengan Fakta

Tri Yuwono (Magister Kenotariatan, Fakultas Hukum Universitas Pancasila)
Dhafin Ramadhan Ariyanto (Magister Kenotariatan, Fakultas Hukum Universitas Pancasila)
Albertus Agung Hagai Beni Parhualar Sidauruk (Magister Kenotariatan, Fakultas Hukum Universitas Pancasila)

WAJAH HUKUM
Vol 10, No 1 (2026): April

The purpose of this research is to analyze the forms of liability that can be imposed on a Notary if the contents of a deed they draft are proven to be inconsistent with the actual facts. A Notary's authority to draft authentic deeds is always accompanied by inherent legal liability, even after the Notary retires, as stipulated in Law Number 2 of 2014. In practice, errors in drafting deeds can occur either intentionally or through negligence, ultimately potentially causing losses to the parties. This situation raises questions about the extent of a Notary's liability for such errors. This study uses a normative juridical method with a statute approach. The results indicate that a Notary can be held accountable if proven to have committed an error that causes losses, whether due to negligence or intent, including general, civil, administrative, and criminal liability. If a Notary intentionally drafts, cooperates in the drafting of, or signs a forged deed, the Notary may be subject to criminal sanctions for their involvement in the act of forgery.