Practice of Making Notarial Deeds in Cases of Appearing at Different Times and Places and the Legal Consequences

Abstract

The practice of making notarial deeds in the case of the parties appearing at different times and places will have legal consequences for the deeds made. The legal consequences in question are related to the evidentiary power of the deed made, whether it has the evidentiary power as an authentic deed or not, or in other words, whether the notarial deed is legally valid. Based on the background of the problem, this study discusses the practice of making notarial deeds in the case of the parties appearing at different times and places and its legal consequences. The purpose of this study is to determine and analyze the practice of making deeds in the case of the parties appearing at different times and places and its legal consequences. This study uses a sociological legal approach. Data collection was carried out through interviews, literature studies and documentation studies. Data analysis was carried out descriptively qualitatively. This study shows that the practice of making deeds in the case of the parties appearing at different times and placesas determined by laws and regulations as a form of deviation from the making of deeds due to the demands of the development of the times. This happens because the time owned by the parties is limited and/or an interest that cannot be abandoned so that for reasons of practicality the parties appear at different times and places when making the deed. This cannot be separated from the mutual trust between the parties so that the management of making the deed is handed over to one of the parties. Such practices are a breakthrough effort against the obstacles that arise in making deeds so that the effectiveness of making deeds can be realized.The legal consequences of making a deed in the event that the parties appear at different times and places include the legal consequences for the authentic deed and the legal consequences for the notary. The legal consequences for the deed are that the deed in question remains valid as an authentic deed if the makingThe deed is executed at the notary's domicile and the reading and signing of the deed is done in the presence of the parties witnessed by at least or at least 2 (two) witnesses, except in cases where the parties wish that the deed in question not be read. If this is not fulfilled or the deed is signed at a different time and place, then the deed in question is degraded in its legal force to become a private deed. The legal consequences for the notary arise in the event that the deed in question is degraded in its legal force as a private deed, then the notary can be subject to administrative sanctions in the form ofwritten warning, temporary dismissal, honorable dismissal, or dishonorable dismissal. Notaries can be held civilly liable in the form of compensation and criminally liable in the form of criminal sanctions in the event that an authentic deed that is degraded into a private deed causes losses to other parties.