| 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 Notary reads the content to them.
Therefore, when a problem is found in the notarial deed and the deed
becomes evidence during the judicial process, the witnesses are frequently
asked to be the court witnesses. Thereon, questions arise as to the extent to
which information can be provided by the witness certificate. There is no
clear regulation as to what obligations of imtrumental witnesses nre, in
conveying the information tothe investigators,general prosecutors, andthe
judge; what witness’ responsibilities are, in keeping the noiarial deed
confidentiality; and what legal consequences andsanctions are for the
witnessif there is a potential for anymisuse, such asleakage 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 relevant parties, 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 to make 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 civil
rights 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 to testify that the formality of deed notarisation has been
fulfilled asreferred toUUJN.Ifthewitness providesinformationotherthan
that, it means the notarial deed confidentiality has been breached. which
certainly breaks the Law.
Keywords: obligation, instrumental witness, notarial deed | en_US |
