Berakhirnya Pertanggungjawaban Notaris terhadap Akta yang Dibuatnya (Studi Pendekatan Pasal 65 Undang-Undang Jabatan Notaris)

Abstract

A notary, in the execution of their d1'lies, should receive protection and legal certainty from the state to ensure justice both during and after their tenure. The absence of regulations regarding the termination of a notary's liability presents issues for both notaries and their clients, necessitating research to provide legal certainty for notaries in their professional dlllies. The issues analyzed in this study are: how notaries' liability for the deeds they create is regulated under the Notary Public Act, what constitutes errors in the creation of awhentic deeds that require notary accountability as public officials, and how notary liability for deeds they create is terminated. This thesis employs normative legal research. The nature of this research is prescriptive. The approaches used in this research include the statutory approach and the conceptual approach. The data sources utilized are secondary data. The data collection technique employed is documentary study. Notarial deeds consist of party deeds and relaas deeds. Each notarial deed comprises a preamble or heading, the body of the deed, and the closing or end of the deed. The evidenliary strength of notarial deeds includes external, formal, and material evidentiary value. The failure lo read the deed and the non-fulfillment of the formal requirements of the deed constitute errors in the creation of authentic deeds, which require the notary to be accountable as a public official. In any legal state, the principle of legality (due process of law) must be observed in all forms, meaning that all government actions must be based on valid and written laws. The liability of retired notaries, substitute notaries who are no longer in office, and interim notaries who are no longer in office is not clearly and concretely regulated in the Notary Public Act. The results of this study explain that, based on Article 65 of the Notary Public Act, notary liability is an official responsibility, meaning that a notary is accountable for all actions and decisions made in their capacity as a public official. Article 65 of the Notary Public Act implies that individuals who are no longer public officials, such as retired notaries, substitute notaries, and interim notaries, are no longer burdened with liability after their term has ended.