Pertanggungjawaban Hukum Notaris terhadap Pemalsuan Pembuatan Akta Pernyataan Keputusan Rapat Umum Pemegang Saham Luar Biasa (Studi Putusan No. 898/Pid.B/2022/PN.Jkt.Brt)

Abstract

Notaries are responsible for the deeds they make, especially for those containing false information that may cause harm to other parties. In the Criminal Case Decision Number 898/Pid.B/2022/Pn.Jkt.Brt, a Notary committed the criminal act of aiding or instructing the placement of false information in the Minutes of the Extraordinary General Meeting of Shareholders. The issues discussed in this thesis are: how the legal responsibility of the Notary in relation to the forgery of the Minutes of the Extraordinary General Meeting of Shareholders based on the West Jakarta District Court Decision Number 898/Pid. B/2022/PN.Jkt.Brt, the legal consequences of the forgery of the deed made by the notary related to the Minutes of the Extraordinary General Meeting of Shareholders based on the West Jakarta District Court Decision Number 898/Pid. B/2022/PN.Jkt.Brt, and the legal consideration analysis of the judge in the West Jakarta District Court Decision Number 898/Pid.B/2022/PN.Jkt.Brt. The method used in this research is normative juridical, with a descriptive- analytical approach. The data collection technique used is literature study (library The results of the research indicate that the legal responsibility of a Notary in criminal acts of placing false information into an authentic deed is subject to Article 266 paragraph (1) of the Penal Code Jo Article 56 paragraph (1) of the Penal Code. The legal consequences of forging the Minutes of the Extraordinary General Meeting of Shareholders made by a Notary are that the Notary is subject to Article 266 paragraph (1) of the Penal Code Jo Article 56 paragraph (1) of the Penal Code due to the harm caused to the parties. The analysis of the Criminal Case Decision Number 898/Pid. B/2022/Pn.Jkt.Brt shows that the judge, in delivering the verdict, considered the evidence and facts demonstrating that the Notary had been proven to commit a criminal act. This research provides insights into the importance of applying the principle of caution by Notaries in performing their duties and functions in making authentic deeds.