Pertanggungjawaban Ahli Waris Notaris yang Meninggal Dunia dan Penerima Protokol Notaris di Kabupaten Labuhanbatu (Studi Atas Minuta Akta Notaris yang Hilang)

Abstract

The case of missing notarial deed minutes from a deceased notary in Labuhanbatu Regency raises serious legal issues regarding liability and legal protection for the involved parties. This situation creates legal uncertainty, as the notarial deed minutes serve as authentic documents with perfect evidentiary power. This study aims to examine the liability of the heirs of a deceased notary for the missing notarial deed minutes in Labuhanbatu Regency, the liability of the notary receiving the protocol for the missing minutes, and the legal protection available to the involved parties. This research employs a normative juridical method with a descriptive- analytical approach, combining literature review and field research through interviews with three notaries in Labuhanbatu Regency. The study analyzes the liability of the heirs of a deceased notary and the recipient of the notary protocol concerning the missing deed minutes. Based on the research conducted in Labuhanbatu Regency, it can be concluded that liability for the missing notarial deed minutes of a deceased notary involves multiple parties with different legal obligations. The heirs of the notary bear administrative responsibility, including reporting the loss to the Regional Supervisory Council (MPD), assisting in drafting an official report, and handing over the remaining protocol to the receiving notary. Meanwhile, the recipient notary is fully responsible for the storage and management of the received protocol under Article 65 of the Notary Law (UUJN), including reporting any losses to the MPD and the police, and may be held civilly liable if found negligent. Legal protection for the involved parties may be obtained through the issuance of a replacement deed under Article 57 of the Notary Law, a court ruling, claims for compensation, and MPD assistance in reconstructing the deed using available supporting documents. The rights of the involved parties to receive complete information regarding the handling of the missing minutes are also upheld.