Legal Consequences of Notarial Deeds Made Not In Accordance with The Provisions of Article 16 Paragraph (1) Letter M UUJN

Authors

  • Anada Safara Universitas Tarumanagara
  • Amad Sudiro Universitas Tarumanagara

DOI:

https://doi.org/10.46799/jst.v5i10.1016

Keywords:

Notarial Deed, UUJN, Notary Responsibility, Evidentiary Power, Legal Consequences

Abstract

Notarial documents are important legal evidence, but their validity depends on the fulfillment of the provisions of the UUJN, especially Article 16 paragraph (1) letter m. This research aims to analyze the legal consequences of notarial deeds that do not comply with the provisions of Article 16 paragraph (1) letter m of the UUJN, as well as understand the responsibilities of notaries in ensuring the validity of the documents they create. This research uses a doctrinal approach by analyzing legal norms through a literature review of relevant literature and legal sources. The main focus is on the legal consequences of notarial deeds that do not comply with the provisions of Article 16 paragraph (1) letter m of the UUJN. The research found that a notarial document that is not read and signed in the presence of the parties involved potentially loses its evidentiary power and is considered an underhand deed. Notaries are fully responsible for this mistake, which can result in administrative, civil and criminal sanctions. The obligation to read the deed orally by the notary is essential to ensure that all parties understand the contents of the document and agree to its terms. Violation of this obligation not only harms the parties involved but also undermines the integrity of the notary profession. The conclusion of this study confirms that the fulfillment of the provisions of Article 16 paragraph (1) letter m of the UUJN is mandatory to maintain the validity of notarial deeds.

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References

Adjie, H. (2014). Indonesian Notary Law (Thematic Interpretation of Law Number 30 of 2004 concerning Notary Positions). PT. Refika Aditama, Bandung.

Asti, N. R., & Arsin, F. X. (2023). Duties And Authority Of A Notary In Producing Land Deeds. Awang Long Law Review, 6(1), 74–82.

Handoko, R. F. (2021). Politik Hukum Kenotariatan Undang-Undang Jabatan Notaris Untuk Meningkatkan Kesejahteraan Notaris. Universitas Islam Sultan Agung (Indonesia).

Khalid, A. (2023). Making Of Notary Deeds in An Emergency Period in Indonesia. International Journal of Social Science, Education, Communication and Economics (SINOMICS JOURNAL), 2(1), 87–96.

Mariaane, I. (2024). The Binding Force Of A Deed Not Read By A Notary. Jurnal Hukum Sehasen, 10(2), 677–682.

Mason, S. (2018). Documents signed or executed with electronic signatures in English law. Computer Law & Security Review, 34(4), 933–945.

Narsudin, U. (2023). The Signing Of The Notary Deed Is Not The Same Time: Finding Of Law Or Violation Of Law. Jurnal Scientia, 12(03), 2432–2437.

Nurjanah, N., & Sunardi, S. (2024). The Role And Responsibilities Of A Notary In Providing Legal Understanding To The Public In Relation To The Preparation Of Notarial Deeds (Study At A Notary Office In Malang). International Significance of Notary, 6(1), 122–132.

Putri, I. A. (2021). Urgensi Penerapan Cyber Notary Dalam Pelayanan Jasa Notaris Berdasarkan UUJN.

Rizgi, A., & Wisnuwardhani, D. A. (2024). Construction of Legal Responsibility Regulations for Notaries and Notary Employees If Notary Employees Commit Unlawful Acts. International Journal of Islamic Education, Research and Multiculturalism (IJIERM), 6(3), 866–894.

Samuel, B. (2022). Analysis of Legal Protection and Responsibilities of Notary Officials for Authentic Deeds Made. 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021), 733–739.

Supriyanto, A. S., & Sulistyono, A. (2024). Analysis of the Principle of Notary Independence in Notarial Deed Making in Review of the Notary Position Law and the Notary Professional Code of Ethics. International Journal of Educational Research & Social Sciences, 5(3), 536–540.

Syukur, M. J., Sakmaf, M. S., & Karauwan, D. (2023). Efforts To Prevent Indications Of Criminal Acts In Notarial Deeds Through The Application Of Article 39 Paragraph (2) Of The UUJN. Al-Risalah Jurnal Ilmu Syariah Dan Hukum, 102–122.

Tanuwidjaja, A., & Hoesin, S. H. (2022). Responsibility of Notaries in The Inclusion of The Names of Instrumentary Witnesses Who Were Not Present at The Signing of Authentic Deeds (Study of The Decision of The Rantau Prapat District Court Number 26/Pdt. G/2020/PN RAP). LEGAL BRIEF, 11(4), 2304–2314.

Utarid, W. O. R. (2023). Legal Consequence Towards An Authentic Act That Was Not Ready By Notary And Not Signed Jointly By The Parties Based On Law Of Notary. International Journal of Latin Notary, 4(1).

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Published

2024-10-27