PRINSIP KEHATI-HATIAN NOTARIS DALAM MEMBUAT AKTA AUTENTIK

Abstrak

In carrying out duties and positions, notaries are very important to implement the principle of prudence in the process of making authentic deed. It is due to the frequent legal problems to the authentic deed made by notary; some parties commit crimes through giving a letter and false information into the deed made by notarial. Thus, to prevent the occurrence of crimes which can bring the notary into legal matters, it is necessary to be re-regulated in the Notary Law of guidance about guidance of a notary to act more scrutinize and careful in the process of making authentic deeds.

There are two legal issues studied in this research, namely (1) notary precautionary forms in the process of authentic deed making and (2) legal consequences of notarial deeds made on the basis of false letters and false statements. The type of research used in this thesis is normative legal research existed based on the vague of the norm in article 16 paragraph 1 letter a of Notary Office Law which is not clear to set about notary obligations to act thoroughly. In addition, the approach used in this research consists of approaches to legislation, conceptual approaches, and case approaches.

Based on the results of this research, it is concluded that the forms of prudential principles that should be done by notary in the process of making the deed is recognizing the identity of the tap, verifying the data subject and object confront scrutinizely, giving grace period for making the deed, acting careffully and scrutinizely the process of creating deed, fulfilling all technical requirements of the deed making and reporting if there is any indication of money laundering in a notary transaction. These prudential principles should be obliged to be executed by a notary in order to prevent the occurrence of legal notary upon the authentic deed made in the future.

Consequences in the contents of notarial deeds made on the basis of false letters and false statements in accordance with Article 1320 paragraph (4) and Article 1335 Civil Code are agreements made on the basis of the false cause is null and void (nitiegbaarheid) and the power of proof is degraded from the authentic deed Becomes a deed under the hands, but the formal truth contained in the head and cover of the deed remains binding on the parties that make it.

Keywords : Prudent Principle of Notary, Legal Consequences, Counterfeit Letter.