THE FUNCTION OF THE APPEARING PARTIES’ FINGERPRINTS AFFIXED TO THE NOTARIAL DEED MINUTA (A CASE SIMULATION OF NON-IDENTICAL SIGNATURES, SURROGATE SIGNATURES, AND THE ABSENCE OF SIGNATURES IN OFFICIAL NOTARIAL DEEDS)

Jeressa Widyadhari

Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 22 No. 1 (2023): Pena Justisia

This study aims to examine the obligation to affix the fingerprints of the appearing parties as stipulated in Article 16 paragraph (1) letter c of the Law on the Office of Notary. This paper employs normative legal research that analyzes the application of existing norms in positive law, namely Law Number 2 of 2014 concerning the Office of Notary. As a public official, a notary is authorized to draw up authentic deeds that possess perfect evidentiary value. In the making of an authentic deed, the deed must be signed by the appearing parties as valid proof of their presence and consent. However, the Law on the Office of Notary also regulates the obligation to affix the fingerprints of the appearing parties to the minuta of the deed, even though the deed has been signed. This raises questions to be addressed in this paper regarding the function of affixing the fingerprints of the appearing parties and the regulation of sanctions for notaries who fail to affix such fingerprints to the minuta of the deed.