Legal Consequences of Notary Negligence Regarding Typographical Errors in Minutes of Deeds

Abstract

Notaries, as public officials, have the authority to create authentic deeds that serve to provide certainty, protection, and legal evidentiary force for the parties. In notarial practice, it is not uncommon to find typographical errors in the minutes of deeds caused by notary negligence. These errors, although administrative in nature, can have serious consequences if they affect the substance of the deed, creating legal uncertainty and requiring a renvoi. If the renvoi is not carried out in accordance with statutory provisions, the authenticity of the deed can be degraded and have legal consequences for the parties and for the notary himself. This study aims to analyze the legal consequences of typographical errors in the minutes of deeds that result in renvoi, the notary's liability for such negligence, and provide examples of the practice of power of attorney to sell deeds in notarial practice. The research method used is normative legal research with a statutory, conceptual, and case approach. The legal materials used include primary, secondary, and tertiary legal materials analyzed descriptively and qualitatively. The results of the study indicate that notary negligence in the form of typographical errors in the minutes of a deed that are not corrected through the renvoi mechanism in accordance with applicable provisions has implications for reducing the evidentiary power of the deed, so that the deed only has the force of a private deed as stipulated in Article 1869 of the Civil Code. Therefore, notaries are required to apply the principles of caution, accuracy, and professional responsibility in every deed-making process to maintain the validity of the deed and achieve legal certainty.