Forgery of Authentic Deeds by Notaries Reviewed From a Criminal Law Perspective (Case Study of the Decision of the Supreme Court of the Republic of Indonesia Number 303 K–Pid–2004)

Abstract

Human free will is often a factor that triggers the emergence of problems in notarial practice, especially related to the forgery of authentic deeds. The inability to fully understand and anticipate the wishes of the parties dealing with the notary, opens up a gap for abuse of office, including forgery of the contents of the deed. This study aims to examine the basics of testing the authenticity of forged notarial deeds and to examine the legal responsibilities that can be imposed on the notary involved. The method used in this research is normative juridical, with an approach to the inventory of positive law, legal principles, legal doctrine, and studies of court decisions, especially the Decision of the Supreme Court of the Republic of Indonesia Number 303 K/Pid/2004. The results of this study indicate that the authenticity of a notarial deed suspected of being forged can be tested through an understanding of the form, nature, and legal function of the authentic deed itself. If forgery is proven, the deed can lose its legal force as an authentic deed and is only considered a deed under hand, and can even be declared null and void or legally invalid. If the notary is proven to be involved, the person concerned can be held accountable civilly, criminally, and subject to ethical and other administrative sanctions in accordance with applicable provisions.