In an authentic deed made or witnessed by a notary, appearers must possess legal standing and have the capacity and legality to take legal actions. The power and lawfulness of the appearer must be supported by a correct identity. The signature and fingerprint of the appearer are used to confirm the legitimacy of the deed. This paper aims to analyze the legal standing of appearers in authentic deeds made or witnessed by a notary utilizing signatures and fingerprints of the appearer as evidence and the legal consequences of not fulfilling such a legal standing. This is normative legal research using data collected through the literature study. The results indicate that signatures and fingerprints of the appearer are the main requirements that make authentic deeds the perfect evidence, in addition to other requirements regarding objects in the deeds. Meanwhile, failure to fulfill legal standing in authentic deeds can result in a defective legal action stated in the deed. The injured party has the right to terminate the deed and sue the notary for interest and fines.
Notary is a public official who is authorized to make authentic deeds and other powers based on Law Number 2 of 2014 concerning Notary Office (UUJN), and based on other statutory regulations. According to the UUJN conception that a Notary deed is an Authentic deed made by a Notary according to the forms and procedures established by laws and regulations. Violations made by notary according this provisions have legal consequences in the form of sanctions, particularly administrative sanctions, civil sanctions and criminal sanctions as well as ethical sanctions related to violations of the Code of Ethics. This paper will review what causes a notary to be subject to sanctions in carrying out his authority, also how is the form of breach of position carried out by a notary. This papers belongs to normative legal research using secondary legal materials. The cause of the notary can be subject to sanctions in carrying out his authority because the notary in carrying out his position is not in accordance with the UUJN and other laws and regulations. The form of sanctions for the breach of positions carried out by a notary against a notary himself and his position that administratively can be subject to sanctions in the form of a written warning to dishonorable dismissal, against a Notary in a civil manner may be subject to sanctions in the form of reimbursement of costs, compensation and interest, for criminal violations may be subject to criminal sanctions, and violation of ethics may be subject to code of ethics sanctions. Notaries in carrying out their positions and authorities must prioritize the principles of prudence, thoroughness, scrutiny and always apply the law in carrying out their authority. Furthermore, the notary must also properly understand the impact that may arise for the mistakes and violations committed by the notary.
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