Vol. 6, Issue 3 (2020)
Reconstruction of notary's civil-liability in the case of deed-making malpractice based on justice value
Author(s): Emy Suryanti, Lazarus Tri Setyawanta, Lathifah Hanim
Abstract: The purpose of this research is to analyze the concept of the responsibility of a Notary in the case of malpractice in the making of a deed that are not just on both to the Notary and to the client and to a third party; and the reconstruction of civil liability Notary related to malpractice in making the deed based on the value of justice using the doctrinal legal research method with a sociolegal approach and analyzed using qualitative analysis techniques. The results of the study shows that the Notary is not responsible and cannot be legally accounted for the material truth in the deed made before him, it does not mean that the Notary in carrying out his duties can as he wishes and not seriously in making an authentic deed. There are other things which must also be considered by the Notary, namely those relating to the legal protection of the Notary himself. With the lack of caution and sincerity committed by the Notary, the Notary has actually brought himself to an act which by law must be accounted for, and the Notary Deed cannot be assessed or stated directly and unilaterally has the power of proof as a deed under the hand or null and void by parties whose names are in the deed or by other people with an interest in the deed. When the parties consider something wrong with the deed, the party concerned must sue the Notary and the plaintiff must be able to prove his claim, whether the Notary Deed does not fulfill the Outward, Formal or Material aspects and and prove the loss. The threat of civil sanctions for Notaries who do not carry out their obligations in accordance with the code of ethics and the Notary Profession Act and cause harm to the person or party concerned, the Notary can be sued civilly according to the provisions of Article 1365 of the Civil Code.