Pertanggungjawaban Notaris terhadap Keterangan Palsu dalam Akta Autentik (Studi Putusan Mahkamah Agung No. 379 K/Pid/2021)

Abstract

In practice, a Notary, in carrying out their positions as public officials when making deeds, may include data or information originating from fake letters/documents in the deed. This event can cause legal consequences both for the deed that is made and for the Notary who made the deed. This research is aimed at describing and analyzing the legal consequences of authentic deeds containing false information, the rights of Notaries in the event that authentic deeds they make contain false information and the Notary's criminal liability for false information by analyzing the Supreme Court ruling no. 379 K/PID/2021. This is a descriptive normative legal research. The data consists of secondary data, including primary, secondary and tertiary legal materials collected using library and document study techniques. Data analysis employs normative-qualitative data analysis methods. Authentic deeds containing false information may rise to civil or criminal disputes or legal cases. The aggrieved party filed a lawsuit in court requesting that the judge cancel the deed. With the judge's ruling which has permanent legal force, the notarial deed is null and void and the deed's evidentiary power is degraded from being an authentic deed to a private deed. The rights of a Notary in the event that the authentic deed he has made contains false information, including the right to defend own self before the law, the right to obtain legal protection and justice in carrying out his Notarial duties. A Notary is criminally responsible for false information in the deeds he makes. Supreme Court Ruling No. 379 K/PID/2021 has implemented the law in accordance with Law Number 30 of 2004 which proves that the Notary in carrying out his duties and position is proven to have committed a violation. Notary can be subject to or be subject to sanctions in the form of civil and administrative sanctions in which are regulated in the Notary's Position Regulations and the Notary's code of ethics.