Notary's Responsibility for the Accuracy of the Contents of the Deed as Perfect Evidence for Incorrectness in the Parties' Statements

Abstract

Notaries, as public officials, are authorized to make authentic deeds that have perfect evidentiary power. In carrying out their duties, notaries are required to apply the principles of prudence, independence, and compliance with statutory provisions. However, in practice, authentic deeds containing false information are still found, which can give rise to legal problems, including the possibility of legal liability for notaries. This study aims to analyze the form of legal liability of notaries for authentic deeds containing false information and to analyze the form of legal protection provided to notaries. This study uses a normative legal research method with a statutory approach, a case approach, and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials which are analyzed descriptively qualitatively. The results of the study indicate that notaries can be held accountable for administrative, civil, or criminal matters if proven to have violated their official obligations, committed negligence, or actively participated in the making of deeds containing false information. Conversely, if a notary has exercised his or her authority in accordance with legal provisions, the principle of prudence, and professional standards, then the notary is entitled to legal protection, both juridical, procedural, and professional. This protection is not absolute and can be waived if there is evidence of deliberate or active involvement of the notary in a criminal act. Therefore, strengthening the application of the principle of prudence, verifying the identity of the parties and supporting documents, and optimizing the mechanisms for supervision and professional protection are important steps to ensure legal certainty, prevent abuse of office, and avoid criminalization of notaries.