Analisis Yuridis Tentang Kewajiban dan Tanggung Jawab Saksi Instrumenter Terhadap Proses Pembuatan Akta Notaris

Abstract

ABSTRACT In notarizing deed in terms of reading and signing of a deed, UUJN (Notarial Act) requires not less than two witnesses referred to as instrumental witnecc. Being present in the notarization process, in the reading andsigning ofthe deed, the witness will certainly know the content o/the notarial deed because the Notaryreadsthecontenttothem.Therefore, whenaproblemisfound inthenotarial deed and the deed becomes evidence duringthe judicial process,thewitnesses are frequentlyaskedtobethecourt witnesses. Thereon, questions ariseastothe extent towhich information can beprovided bythewitness certificate. There isnoclear regulation astowhat obligations of imtrumental witnesses nre, in conveying the information to the investigators, general prosecutors, and the judge; what witness’ responsibilities are, in keeping the noiarial deed confidentiality; and what legal consequences andsanctionsare forthewitnessif there isapotentialfor anymisuse, such as leakage of the notarial deed information which may result in injuring both parties and the notary. that has not been stipulated under one regulation is called legal vacuum (rechts'vacuum). The research employs normative juridical method, at the approach of sociology of few which is conducted by carefully collecting primary and secondary data through field research by conducting intewiews with relevantparties, namely the Notary and Imtrumental witnesses. The results obtained from the field indicate that Instrumental Witnesses are obligated to understand the drawing up process of notarial deeds and tomake sure that the pr[ocess meets the requirements stipulated in UUJN. In the aspect of notarial deed confidentiality, although it has not been regulated in UUJN, the obligations are still attached to Instrumental Witnesses because the deed contains one’s civilrights whose confidentiafly is protected by the State. The summoning of an instrumental witness to become a witness during the court process does not pertain to the provision of UUJN if the information given is not the duties and responsibilities of the instrumental witness during notarial deed nnforizafion which are related to reading and signing of the deed They can only provide information regarding their duties stipulated Pertaining to UUJN which is totestify that the formalityof deednotarisationhasbeenfulfilled asreferred to UUJN. If the witness provides information other than that, it means the notarialdeed confidentialityhas been breached. which certainly breaks the Law. Keywords: obligation, instrumental witness, notarial deed