Notary's Responsibility for the Contents of Authentic Deeds That Do Not Match the Facts (Study of Makassar District Court Decision Number 52/Pdt.G/2023/PN Pal)

Abstract

This study aims to analyze the notary's liability for the contents of authentic deeds that do not comply with legal facts and the forms of liability that can be imposed based on the Palu District Court Decision Number 52/Pdt.G/2023/PN Pal. This study is normative legal research using a statute approach and a case approach. The legal materials used consist of primary, secondary, and tertiary legal materials obtained through literature studies, then analyzed qualitatively to obtain conclusions regarding the notary's liability for the contents of authentic deeds that do not comply with legal facts. The results of the study indicate that the notary's liability includes civil, administrative, and criminal liability, as well as limitations of job responsibilities. Civil liability arises when the notary commits negligence that results in losses for other parties, such as in the case of the release of land rights without the consent of the wife as the joint owner of the property. Administrative liability relates to violations of the Notary Law and the professional code of ethics, while criminal liability can be imposed if there is an element of intent in the creation of a deed that does not comply with legal facts. The forms of liability that can be imposed include compensation for unlawful acts, degradation of the evidentiary power of the deed to a private deed, cancellation of the deed by the court, as well as administrative and ethical sanctions. This study confirms that notaries are not only formally responsible for the creation of deeds, but are also required to ensure the conformity of the contents of the deed with the legal facts in order to guarantee legal certainty, justice, and legal protection for the parties.