Notary Liability for Authentic Deeds Indicating Criminal Acts: A Legal Review and Legal Implications

Abstract

This research discusses the notary's liability for authentic deeds that indicate criminal offences in the context of Indonesian law. Notary liability in making authentic deeds is an important issue considering the strategic role of notaries in maintaining the validity and propriety of the deed. However, there are cases where authentic deeds made by notaries are indicated to contain elements of criminal offences, such as document forgery or fraud. This research aims to analyse the legal implications for the parties involved in the process of making authentic deeds that are indicated as criminal offences, as well as provide suggestions to improve notary compliance with the rule of law. The research methods used include literature studies, case studies, interviews, normative legal analysis, comparative studies, field research, and data analysis. The results show that the parties involved in the process of making authentic deeds that are indicated as criminal offences can face serious legal consequences, ranging from civil sanctions to criminal sanctions according to the level of violation committed. The legal implications can also be felt by the notaries involved, with the threat of administrative, civil, and criminal sanctions. The proposed suggestions include increased supervision, training, compliance with regulations, transparency, accountability, reporting and complaints, and the application of strict sanctions. It is hoped that by implementing these suggestions, it can increase notary compliance with the rule of law, prevent the occurrence of authentic deed cases that indicate criminal offences, and maintain the integrity and public trust in notary institutions and the process of making authentic deeds in Indonesia.