The Urgency of Technical Regulations for Inclusive Notary Services for Applicants with Certain Limitations in Making Authentic Deeds

Abstract

This study aims to analyze the urgency of inclusive technical arrangements for notarial services for parties with certain limitations in the preparation of authentic deeds, by examining Bangli District Court Decision Number 31/Pdt.G/2021/PN Bli as a case study. An authentic deed is written evidence with perfect evidentiary force as stipulated in Articles 1868 and 1870 of the Civil Code. Its validity is determined not only by the fulfillment of formal requirements and the notary's authority, but also by the assurance that the parties' wishes are expressed freely, consciously, and without legal flaw. Problems arise when parties have certain limitations, such as inability to read and write, verbal communication barriers, or physical and sensory disabilities, which have the potential to hinder substantial understanding of the content and legal consequences of the deed. This study uses a normative juridical approach with statutory, conceptual, and comparative legal approaches. Data were obtained through literature studies and case studies of court decisions. Based on this study, it is concluded that there is a gap in norms in the technical arrangements for inclusive notarial services, which leads to legal uncertainty and the risk of disputes. The Bangli District Court ruling demonstrates that the notary's failure to ensure the understanding of an illiterate witness resulted in the deed being declared legally invalid. Comprehensive national technical guidelines are needed to ensure legal protection, legal certainty, and the authenticity of deeds in a fair manner.