| dc.description.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 | en_US |
