Konsekuensi Hukum terhadap Notaris yang Melakukan Tindak Pidana Pemalsuan Akta Kuasa Menjual (Studi Putusan No. 773/Pid.B/2021/PN.Smg)

Abstract

Acts committed by a Notary involving the falsification of an authentic deed that they have created cannot be justified and will certainly harm the legal interests of the parties concerned with the deed. A Notary may be subject to criminal sanctions if he or she intentionally or unintentionally commits an unlawful act in cooperation with certain parties, resulting in losses to other parties. The issues examined in this study include: the proper procedure for making a notarial deed of power to sell in accordance with laws and regulations in Indonesia; the legal responsibility of a Notary in relation to the criminal act of falsification in the preparation of a deed of power to sell; and the legal consequences for the Notary and the deed in connection with the criminal act of falsification in Case No. 773/Pid.B/2021/PN.Smg Jo. Decision No. 1209 K/Pid/2022. This research is a normative juridical study, referring to legal norms through literature research to obtain secondary data consisting of primary, secondary, and tertiary legal materials. The research is descriptive-analytical in nature. Data collection techniques were carried out through library research of relevant statutory regulations and legal documents, and data analysis was conducted using a qualitative approach. The results of the study indicate that the procedure for drafting a notarial deed of power to sell must comply with the Notary Law (UUJN) and the Notary Code of Ethics, particularly Articles 15, 16, 38, and 44 of the UUJN and Article 3 letter (d) of the Notary Code of Ethics, as well as the provisions of the Indonesian Civil Code. The legal responsibilities of a Notary relating to the criminal act of falsification in the making of a deed of power to sell may include administrative, civil, and criminal sanctions. The legal consequence for the Notary in relation to the criminal act of falsification in Decision No. 773/Pid.B/2021/PN.Smg is that the Notary, as the defendant, was found guilty of forging a Deed of Power to Sell related to four land certificates (SIIM No. 5435, 5436, 5437, and 5438) pursuant to Article 264(1) in conjunction with Article 55(1) point I of the Indonesian Criminal Code (KUHP), and was sentenced to imprisonment for 1 year and 6 months. The study concludes that a Notary must act honestly, independently, impartially, faithfully, carefully, and responsibly, in accordance with statutory regulations and the Notary's oath of office. If a Notary commits the criminal act of falsification in drafting a deed, the Notary may be subject to administrative, civil, and criminal sanctions, and the disadvantaged party may claim compensation, interest, and penalties.