Kekuatan Pembuktian Surat di Bawah Tangan yang Telah Didaftarkan pada Buku Khusus oleh Notaris (Studi Putusan Nomor 29/Pdt.G./2019/PN. Pya)

Abstract

The registration of a private deed within the legal context refers to the act of recording or registering a private deed by a notary in a special register provided for such purpose. This registration is intended to provide legal certainty regarding the existence and date of the private deed, although it does not alter its legal nature as a private deed nor elevate it into an authentic deed. The issues examined in this research concern the legal standing of private deeds registered in the notarial special register and the extent to which such registration influences their evidentiary strength in judicial proceedings. Additionally, this study analyzes the judge's considerations in Decision Number 29/Pdt.G/2019/PN. Pya regarding the private deed that had been registered, as well as the legal implications of such registration for the parties bound by it.This research employs a normative legal research method with a descriptive-analytical approach. The data used are secondary data-namely data obtained not directly from first-hand sources but from processed information, records, or publications by other parties. Such data are typically available in the form of documents, reports, archives, books, journals, statutory regulations, and statistical information issued by authorized institutions.The findings in Decision Number 29/Pdt.G/2019/PN. Pya indicate that the regulation on registering private deeds under the Law on Notary Office aims to provide legal certainty and protection for parties who register their private deeds in the special register. The registration conducted by a notary, as provided in Article 15 paragraph (2) letters a and b of Law Number 2 of 2014 regarding the Notary Office, relates to the notary's obligation to ensure the formal validity of the document without guaranteeing the material correctness of its contents. The notary is responsible for ensuring the accuracy of the procedural registration and recording in the special register to provide legal certainty and protection for interested parties. However, the document remains a private deed; thus, its evidentiary value depends on the acknowledgment of the parties who signed it. In cases of denial or dispute, the judge must still assess the deed by examining other relevant supporting evidence. Therefore, the notary's registration essentially functions to strengthen administrative formality rather than the substantive authenticity of the document.