Criminal Liability of Notaries in Corruption Crimes of Army Housing Mandatory Savings Funds

Abstract

This study aims to analyze the criminal liability of notaries involved in criminal acts of corruption, the legal implications for the deeds issued, and the structure and format of the Sale and Purchase Deed (AJB) that meets the requirements for validity, has binding force, and minimizes the risk of legal violations. This research method uses normative legal research with a statutory, case, and conceptual approach that is analyzed prescriptively. The results of the study indicate that (1) The criminal liability of Notaries in Decision Number 42-K/PMT.II/AD/XII/2023 is personal (individual liability) and is based on proof of intent (dolus) and involvement in criminal acts of corruption that are carried out jointly and continuously. Therefore, notaries are subject to principal penalties in the form of imprisonment, fines and additional penalties in the form of payment of compensation. (2) Criminalization of notaries does not immediately eliminate the validity of the deeds they make. The v