Reconstruction of The Regulation of Notary Responsibilities in Making Binding Deeds Based on The Values of Justice

Abstract

The malicious intent or fraudulent behavior (mens rea) of one party in a deed executed by a notary must be assessed through the lens of justice for all parties involved. The signatories of the deed should have comprehensively understood its contents and provided their consent willingly. Consequently, any denial following the execution of the deed may be deemed unjust if it implies wrongdoing on the part of the Notary, who serves solely as a neutral party (constantir), unless substantiated by compelling evidence. This writing method uses a constructivist paradigm, namely a paradigm with a relativism ontology, a socio-legal juridical approach method, and data obtained from qualitative. The research results found that DPR and President need reconstructing Article 17 paragraph (1) letter b, reconstructing Article 16 letter m, and reconstructing by adding paragraph (2) in Article 15 of Law Number 2 of 2014 amending Law Number 30 of 2004 concerning the Position of Notaries.