Tinjauan Yuridis Terhadap Perlindungan Hukum Pegawai Notaris Sebagai Saksi Instrumenter Dalam Pembuatan Akta

Abstract

A notary is a public official authorized to draw up authentic deeds. In carryingout their authorityand obligations, a notaryrequires assistance from notaryemployeeswho may also serve as witnesses in the deed-making process. These deed witnesses,known as instrumentarywitnesses, are required to be present during the creation ofadeed, with the duty to witness the reading and co-signing of the deed. The role ofinstrumentarywitnesses is regulated under Article 16 paragraph (1) letter i and Article40 of the Indonesian Law on Notary Position (UUJN), which stipulates that deeds mustbe read aloud before the appearers in the presence of at least two witnesses and signedimmediately by the appearers, witnesses, and the notary.This research employs a normative juridical method with a descriptive-analytical approach. The data used are secondary data comprising primary,secondary, and tertiary legal materials, collected through library research andanalyzed using document study techniques.The findings of the study indicate: First, the legal standing of instrumentarywitnesses in the deed-making process is essential as regulated in Article 16 paragraph(1)letteri and Article 40 of the UUJN. If the requirement for witnesses is not fulfilled,pursuant to Article 41 of the UUJN, the deed only holds probative value as a privatedeed. Instrumentary witnesses sign the deed to testify that all formalities have beenobserved.Second, notaryemployees serving as instrumentarywitnesses are criminallyand civilly liable in cases of breach of confidentiality regarding the contents of a deed.The obligation of both the notary and notary employees to maintain the confidentialityofinformation in the deed remains binding for life. Third, the legal protection fornotary employees acting as instrumentary witnesses is not specifically regulated in theUUJN. However, general protection is provided under Law Number 13 of 2003 onManpower and Law Number 31 of 2014, amending Law Number 13 of 2006 on theProtection of Witnesses and Victims. These laws provide protection for witnesses,including instrumentary witnesses, particularly in giving testimony in criminalproceedings,ensuring the right to testify freely,receive legal counsel,and access othergeneral protections.