Legal Consequences of Violations of Notary Caution in Making Authentic Deeds

Abstract

This study aims to analyze the legal consequences of notary violations of the principle of prudence in making authentic deeds based on Decision Number 366/Pid/2025/PT SMG. The study uses a normative legal research method with a statutory approach, a case approach, and a conceptual approach. The results of the study indicate that violations of the principle of prudence can result in the deed losing its authentic evidentiary power and give rise to legal liability for the notary, both administratively, civilly, and criminally. In Decision Number 366/Pid/2025/PT SMG, the notary was proven to have made a Deed of Minutes of the GMS that did not comply with the legal facts and made changes to the minutes of the deed without legal procedures. The decision emphasizes that the application of the principle of prudence is a fundamental obligation of a notary in ensuring legal certainty and protection for the parties.