Analisis Penerapan Prinsip Kehati-Hatian Terhadap Kelalaian Notaris dalam Menjalankan Jabatannya

Abstract

Notaries must exercise due care, especially when performing their duties regarding agreements made between them and their clients. If a notary is negligent in carrying out their duties related to the preparation and storage of authentic deeds, they may be subject to legal consequences or may be charged with an unlawful act. The purpose of this thesis is to understand the provisions governing notaries in carrying out their duties, the application of the principle of due care to notaries in carrying out their duties as public officials, and the accountability of notaries for negligence in implementing the principle of due care. The research method used in this thesis is descriptive normative legal research. It describes phenomena by collecting and presenting accurate data. This approach is carried out systematically, allowing the researcher to provide a clear and detailed picture of the research object and explore various aspects. The type of data used is secondary data, consisting of primary, secondary, and tertiary legal materials. The data collection technique used was a literature study, which included searching for references to support this research. The principle of prudence is a moral and professional foundation that must be upheld in notarial practice. Although not explicitly regulated in the Notary Law (UUJN), this principle is reflected in various provisions, such as Article 16 of Law No. 2 of 2014 and Article 3 number 4 of the Notary Code of Ethics. Oversight of the implementation of this principle is carried out by the Notary Supervisory Board, the Notary Honorary Council, and the Notary Honorary Council, each of which has a role in assessing and prosecuting violations committed by notaries.