Notary Responsibility toward Underhand Deed (Waarmerking) as Evidence in Court

Abstract

The authority of a notary to record deeds under hand (waarmerking) is regulated in Article 15 paragraph (2) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position. In the decision number: 12 / Pid.B / 2020 / PN.PTK. The notary was summoned as a witness because of the fake letters used by the defendant in waarmerking by the Notary. The problem raised in this thesis is how the responsibility of the Notary as a witness to the underhand deed that was recorded (waarmerking) by the Notary in the decision Number: 12 / Pid.B / 2020 / PN.PTK. This study uses a normative juridical approach. Sources of legal materials used are primary legal materials, secondary legal materials, tertiary legal materials. Legal materials are collected through library research. Analysis of legal materials is carried out in a qualitative normative manner. The results of the research show that The testimony given by a notary in a criminal case Number: 12 / pid.B / 2020 / PN.PTK is not a form of accountability by a notary, but only the fulfillment of his obligations as a citizen. Notary Call to become a witness in a criminal case by the Police at the investigation stage and the prosecutor or judge at the trial stage must first submit an application and obtain approval from the Notary Honorary Council as regulated in Article 66 of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 About the Position of Notary Public.