Jurnal Konstatering
Vol 5, No 3 (2026): July 2026

Legal Certainty in Fulfilling the Obligation to Refuse to Be an Instrumental Witness and the Impact of Violations on Notaries

Cristian Andros (Faculty of Law, Universitas Islam Sultan Agung Semarang)



Article Info

Publish Date
15 Jul 2026

Abstract

Notaries are required to keep the contents of authentic deeds confidential, but the obligation of confidentiality or the right of recusal for instrumental witnesses who are also aware of the substance of the deed has not been regulated, thus creating a normative vacuum (leegstand van normen). This study aims to analyze the legal certainty regarding the right of recusal for instrumental witnesses in refusing to provide information on the contents of authentic deeds they know. This normative legal research uses a statutory, conceptual, and analytical approach, with secondary data in the form of primary, secondary, and tertiary legal materials, which are analyzed descriptively qualitatively using Gustav Radbruch's Legal Certainty Theory and Hans Kelsen's Legal Responsibility Theory. The results of the study indicate that the normative vacuum regarding the right of recusal for instrumental witnesses harms the value of legal certainty; Notaries have the potential to face indirect civil liab

Copyrights © 2026






Journal Info

Abbrev

jk

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Jurnal Konstatering is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. Jurnal Konstatering published in four times a year they are in January, April, July and October. This journal provides immediate open access to its content on the principle that ...