Criminal Liability of Notaries Who Participate in Forgery of Deeds of Power of Attorney to Sell

Abstract

This study aims to analyze the criminal liability of Notaries who participated in the forgery of Power of Attorney to Sell Deeds and the legal certainty of the deeds that were the objects of forgery. The study uses a normative juridical approach with a statutory, case, and conceptual approach. Legal materials were obtained through literature studies and analyzed qualitatively. The results of the study indicate that the criminal liability of Notaries can be imposed based on proven individual actions and errors. The actions in the case studied were assessed based on Article 264 paragraph (1) in conjunction with Article 55 paragraph (1) point 1 of the Criminal Code which was in effect at the time the act was committed, while Article 391, Article 392, and Article 20 of Law Number 1 of 2023 were used as a study of national legal developments. The criminalization of Notaries does not immediately cause Power of Attorney to Sell Deeds Numbers 53, 54, 55, and 58 to be null and void. The four deeds still exist as documents, but their authentic evidentiary power regarding the appearance and signing cannot be maintained. The legal consequences of the Sale and Purchase Deed and the recording of the transfer of land rights must be resolved through civil and land law mechanisms.