Legal Responsibility of Notaries for the Underhanded Warranty of Letters and the Making of Power of Attorney Deeds in Nominee Practices for Land Rights (Study of Tanjungpinang District Court Decision Number 66/Pdt.G/2020/PN Tpg)

Abstract

A notary is a person who makes deeds or documents that have legal force in a legal process. A notary is an extension of the government. A notary has the authority to conduct waarmerking of private deeds. This is reflected in Decision Number: 66/Pdt.G/2020/PN.Tpg, where the court declared a waarmerking of a statement letter that had been waarmerked because it was contrary to the laws and regulations of the Republic of Indonesia. This study aims to analyze the legal consequences of a private letter that was waarmerked if it is contrary to the law in the Tanjungpinang District Court Decision Number 66/Pdt.G/2020/PN Tpg, the legal responsibility of a notary for waarmerking of private letters and the creation of a power of attorney in the decision and an example of a private deed waarmerked by a notary. The type of research used in this study is normative research using a statute approach, a case approach, and a conceptual approach. The data source in this study is secondary data obtained through literature study. The data obtained were analyzed using prescriptive methods. The results of the study show the legal consequences of private letters that are waarmerking if they conflict with the law in the Tanjungpinang District Court Decision Number 66/Pdt.G/2020/PN Tpg, waarmerking is essentially only the administrative authority of a Notary as regulated in Article 15 paragraph (2) letter b of Law Number 2 of 2014 concerning the Position of Notary. The responsibility of the Notary who carries out waarmerking in Decision Number 66/Pdt.G/2020/PN.Tpg. If the cause of the letter conflicts with statutory regulations, waarmerking does not prevent the judge from declaring the legal act null and void. Decision Number 66/Pdt.G/2020/PN.Tpg. The notary's liability in Decision Number 66/Pdt.G/2020/PN Tpg does not solely arise from the act of waarmerking, but is assessed based on the notary's overall actions, including the creation of a power of attorney deed which is a series of nominee practices, elements of error, loss, and causal relationship as per Article 1365 of the Civil Code. It is necessary to improve the regulations regarding waarmerking authority in the Notary Law and its implementing regulations, and the supervision of the Indonesian Notary Association towards Notaries, in exercising the authority to conduct waarmerking should not only be oriented towards administrative aspects in the form of document recording, but also prioritize the principle of prudence (prudential principle), professionalism, independence, and compliance with the provisions of laws and regulations and the Notary Code of Ethics.