Liability of a Notary Who Intentionally Include False Information in an Authentic Deed

Abstract

Abstract. A notary is a public official who is trusted by the public to make authentic deeds. The authentic deed is used as evidence, an authentic deed regarding all acts, agreements, and determinations required by laws and regulations or desired by the interested party. The notary is obliged to ensure that what is contained in the deed has been truly understood and is in accordance with the wishes of the parties, namely by reading it, so that the contents of the deed become clear and provide access to related information for the parties in signing the deed. The reality in society is that many parties are found to provide data and information that does not correspond to the reality to the notary in making a deed. The theories used in this study are the Theory of Legal Certainty, Theory of Legal Responsibility, and Theory of the Working of Law. To find out the above objectives, the author uses normative juridical legal research. Data sources are obtained through several stages, namely library research. Data analysis is qualitative and presented descriptively, namely explaining, describing, and describing according to the problems that are closely related to this study. Based on the research results, it was concluded that, first, the birth of a Notary's responsibility cannot be separated from the obligations and authorities held. A Notary is charged with responsibility for the formal and material truth of the deed he made if the Notary is proven in court that the Notary committed negligence or intentional acts to the detriment of the parties. Second, an authentic Deed as evidence in this proof is needed to provide clarity and legal certainty regarding events, circumstances, or legal acts that can be carried out through the making of a deed before a Notary. A deed can be canceled. This must first be ratified or a court decision stating that the deed is void and its legal consequences will apply since the ratification or court decision cancels the deed.

Keywords: Authentic; Certainty; Legal; Notary.