Liability of Substitute Notary in Deed Correction

Abstract

A notary who is taking leave must hand over his/ her notary protocol to substitute notary. Thus, the substitute notary will be liable to the protocol of the notary that he/ she replaced. When a substitute notary holds a position, in addition to new jobs, there are still jobs that have not been completed by the notary that he/ she replaced. In carrying out the notarial practices, a notary may type incorrect information on a deed. Errors in typing a notary deed are not deliberate intention but merely negligence or carelessness of the notary. Therefore, the information written on a notary deed does not match the actual information that should be included in the deed. These thesis problems include: first is about the form of the liability of substitute notary in deed correction and the second is about the legal consequences of corrected deed by substitute notary. This research was conducted using normative juridical research methods. The results of the research showed that the form of liability of substitute notary is classified into four points, which include: the first is civil liability of substitute notary on the deed that he/ she made, second is the criminal liability of substitute notary on the deed that he/ she made, third is the liability of substitute notary based on Law on Notary Position on the deed that he/ she made, and fourth is liability of substitute notary in carrying out his/ her position based on a code of ethics. The liability of substitute notary is only limited to the deed that he/ she made. The liability for the deed ends since he/ she has stopped serving as substitute notary. Regarding legal consequences of the deed corrected by substitute notary, if it violates the provisions in Article 51 Law on Notary Position, it only has the power of proof as private deed. In this case, the party experiencing the loss has a reason to demand reimbursement, compensation, and interest to the notary.

Reaktualisasi Undang-Undang Jabatan Notaris Terkait Digitalisasi Minuta Akta Oleh Notaris

“…Sedangkan menurut Siranggi, Husin, Azheri : "An authentic deed is a letter of official proof made according to the applicable regulations, witnessed before and authorized by a notary or an authorized government official. A notary is one of the officials who has the authority to make authentic deeds" (Siranggi, Husin, & Azheri, 2019). Dari pengertian akta otentik, maka syarat suatu akta otentik adalah: a. Dibuat oleh atau di hadapan pejabat umum yang berwenang dan cakap, b. menggunakan format tertentu yang ditetapkan oleh undang-undang, c. dihadiri saksi-saksi, d. disertai pembacaan oleh notaris, e. sesudahnya langsung ditandatangani (Supanca, 2019).…”

Legal consequences of making of electronic notary deeds on the authenticity of the deed

“…It is similar to the deed made by or before a notary. In this case, the existence of the deed no longer requires other evidence to prove something else (Siranggi, Husin, and Azheri 2019)." Society views a notary as an official, a place to gain trust on legal advice, and a place to make important legal papers (Pamelani, Setyo, and Widagdo 2023).…”