Legal Responsibility of Notaries for Making Amendment Deeds Without Referring to Previous Deeds

Abstract

This study aims to analyze the legal responsibility of notaries for making deeds of amendment that do not refer to the previous deed and examine the legal status of such deeds. Notaries as public officials have the authority to make authentic deeds that must be carried out in a trustworthy, honest, thorough, and in accordance with the provisions of laws and regulations. In practice, there are problems when notaries make deeds of amendment without referring to the previous deed, which has the potential to cause legal defects both formally and materially. This research uses a normative juridical method with a statutory and conceptual approach. The results show that the notary's responsibility in making deeds is based on the principle of fault liability, which can result in legal consequences in the form of civil, criminal, and administrative liability if a violation is proven, whether due to intent or negligence. Notaries are also bound by the provisions of the Notary Law, the professional code of ethics, and the obligation to ensure formal accuracy and prudence in the deed-making process. The research concludes that a deed of amendment made without reference to the previous deed has the potential to lose its legal relationship, so that it can experience a degradation of evidentiary power from an authentic deed to a deed underhand or even be declared formally defective. As a result, the deed can be canceled by a court decision and opens up the possibility for the notary to be subject to administrative sanctions, civil compensation claims, or criminal liability if there are elements of forgery or false information. Thus, it is important for notaries to implement the principle of prudence and conduct a thorough verification of the continuity of the deed to ensure legal certainty and protect the interests of the parties.