Notary's Responsibility for Forgery of Authentic Deeds Resulting in Dishonormal Dismissal (Case Study of Ma Decision Number 39 Pk/Pid/2025)

Abstract

A Notary is a public official authorized to make authentic deeds and because of this authority is required to carry out his/her position carefully, honestly, impartially, and in accordance with the provisions of laws and regulations. This study aims to analyze the Notary's responsibility for falsifying authentic deeds in the Supreme Court Decision Number 39 PK/Pid/2025, the legal consequences for Notaries who falsify authentic deeds, and the main elements of making a correct Deed of Power of Attorney to Sell according to the Notary Law. The study uses a normative legal research type with a statutory approach. The data used are secondary data obtained through literature studies and analyzed qualitatively and juridically. The results of the study indicate that the actions of a Notary can be categorized as a criminal act of forgery if the deed is made without the presence of the parties, the identity or information of the parties is incorrect, the object agreed upon does not match the facts, there are two deeds with the same number and date but different contents, the signature in the minutes is forged, or the person appearing uses another person's identity. A notary who intentionally commits a crime related to their position may be subject to criminal liability and the sanction of dishonorable dismissal. Such dismissal is considered related to the protection of public trust and the honor of the notary's office. A valid Power of Attorney to Sell must at least contain the identities of the parties, a description of the object, the type and scope of the power of attorney, the legal actions authorized, the duration, and a clause for revocation or cancellation of the power of attorney.