Notary’s Role And Responsibility In Preventing Identity And Signature Forgery By Appearing Parties [Peran Dan Tanggung Jawab Notaris dalam Mengantisipasi Pemalsuan Identitas dan Tanda Tangan Penghadap]: Peran Dan Tanggung Jawab Notaris dalam Mengantisipasi Pemalsuan Identitas dan Tanda Tangan Penghadap

Rony Latifah Rahma (Program Studi Ilmu Hukum, Universitas Muhammadiyah Sidoarjo)
Rachel Atthiyah Najah Kamilah (Program Studi Ilmu Hukum, Universitas Muhammadiyah Sidoarjo)

Proceedings of The ICECRS
Vol. 13 No. 1 (2025): Proceedings of Community Service Desa Mandiri dan Berdaya Melalui Kolaborasi P

General Background The creation of authentic deeds remains critical in legal practice, yet identity and signature forgery by appearing parties present serious challenges that can cause civil disputes and compromise evidentiary value. Specific Background This study examines the verification role of notaries regarding appearing parties during authentic deed signing, alongside the civil liability and legal protection frameworks available when forgery occurs at a notary office in Sidoarjo. Knowledge Gap Although preventative measures exist, comprehensive legal clarity regarding the extent of a notary's civil liability when fraudulent identity substitution occurs despite formal compliance requires deeper normative examination. Aims This study aims to analyze the legal verification duties of notaries and evaluate their civil liability and protection under civil law when identity or signature forgery happens. Results Utilizing a normative juridical method with statutory and conceptual approaches, the findings demonstrate that while prudential verification procedures safeguard institutional integrity, a notary bears no civil liability for losses if all formal duties are executed with due care and good faith. Novelty This study clarifies the precise boundaries of formal verification duties and civil liability limitations for public officials handling fraudulent identity acts by appearing parties. Implications These insights confirm that strict adherence to formal verification and prudential principles reinforces both legal protection for notaries and overall legal certainty in authentic deed creation. Verifying identity through direct examination, mandatory physical presence, and official document checks forms the core preventive function of notarial prudence. Notaries carry no civil liability for losses stemming from hidden identity or signature forgery committed by appearing parties if formal duties are fulfilled with due care. Strict adherence to formal procedures during deed execution ensures evidentiary reliability and establishes legal protection for public officials. Authentic Deed; Notary Liability; Appearing Party Identity; Identity Forgery; Civil Law General Background The creation of authentic deeds remains critical in legal practice, yet identity and signature forgery by appearing parties present serious challenges that can cause civil disputes and compromise evidentiary value. Specific Background This study examines the verification role of notaries regarding appearing parties during authentic deed signing, alongside the civil liability and legal protection frameworks available when forgery occurs at a notary office in Sidoarjo. Knowledge Gap Although preventative measures exist, comprehensive legal clarity regarding the extent of a notary's civil liability when fraudulent identity substitution occurs despite formal compliance requires deeper normative examination. Aims This study aims to analyze the legal verification duties of notaries and evaluate their civil liability and protection under civil law when identity or signature forgery happens. Results Utilizing a normative juridical method with statutory and conceptual approaches, the findings demonstrate that while prudential verification procedures safeguard institutional integrity, a notary bears no civil liability for losses if all formal duties are executed with due care and good faith. Novelty This study clarifies the precise boundaries of formal verification duties and civil liability limitations for public officials handling fraudulent identity acts by appearing parties. Implications These insights confirm that strict adherence to formal verification and prudential principles reinforces both legal protection for notaries and overall legal certainty in authentic deed creation. Highlights: Verifying identity through direct examination, mandatory physical presence, and official document checks forms the core preventive function of notarial prudence. Notaries carry no civil liability for losses stemming from hidden identity or signature forgery committed by appearing parties if formal duties are fulfilled with due care. Strict adherence to formal procedures during deed execution ensures evidentiary reliability and establishes legal protection for public officials. Keywords: Authentic Deed, Notary Liability, Appearing Party Identity, Identity Forgery, Civil Law