Validity of an Authentic Deed Signed Without Being Read and Outside Notary Office Hours

Abstract

This research is intended to find out and analyze the signing of authentic deeds which are done briefly with/or not reading the deed outside the Notary's office hours and also to find out and analyze the validity of deeds whose signing is done briefly with/or not reading the deed outside of hours. notary office. This research uses a normative juridical approach, namely solving facts that constitute legal problems. Research that discusses problems is based on statutory regulations or literature related to these problems. The approach used in this research is a statutory approach and a conceptual approach. This research uses 2 (two) theories, namely the theory of authority and the theory of legal certainty. Problems occur when the Notary is negligent or underestimates the signing process which without realizing it can have legal impacts on the Notary and/or the parties binding themselves in the Deed. Notaries are given the authority by attribution to make authentic deeds and read the deed before it is signed by the presenters. The main purpose of reading the deed is to make corrections and clarifications to the deed made to provide legal certainty to the parties. It is not mandatory to read the deed as long as the presenter wishes and the Notary explains at the end of the deed that the deed is not read because of the wishes of the presenter. In terms of the Notary's working hours, the signing of the deed can also be done outside the Notary's office hours as long as the parties wish and the notary has considered the signing. Because basically Notaries do not have rules governing working hours, so Notaries can be said to work providing services to public officials 24 hours a day. This is a form of Notary service to the community as a public official. And, as a form of fulfilling the Notary's Professional Ethics. A Notarial Deed that is signed briefly and/or not read out loud and outside of the Notary's office hours remains a valid deed. As long as the parties want the signing process and the Notary carries out the signing in accordance with the rules contained in the laws and regulations, in this case the Notary Position Law.