Based on Article 16 Point m of UUJN states that “read the deed in front of the audience attended by at least 2 (two) witnesses, or 4 (four) witnesses specifically for the making of the testament deed under the hand, and signed at the same time by the audience, witnesses and Notaries”. However, in reality, notaries still violate these provisions for notarial acts which were not present at the signing of the Power of Attorney to Impose Mortgage Right (hereinafter referred to as SKMHT) before the parties resulted in the deed being degraded and the parties suffered losses. This study aims to examine and analyze the laws and regulations against the absence of a notary when signing the deed of SKMHT, reviewed and analyzed the making of the deed process of SKMHT by the provisions of the UUHT, as well as reviewed and analyzed the legal consequences of the notary absence when signing the SKMHT deed. This type of research is normative juridical research and used legislation, conceptual, and case approach. Data were collected through library research and then analyzed qualitatively. The results showed that the absence of a notary was an unlawful acted and the notary might be held civilly responsible by indemnifying the parties, criminally that the Notary has made a false deed, and by UUJN was given administrative sanctions. The birth of the SKMHT deed was when the mortgage right giver really cannot appear before the notary/Land Deed Making Officer (PPAT) was appointed to replace him and made with an authentic deed. The consequence of notaris' absence when the SKMHT deed was signed resulted in the degradation of the deed into a private deed. Suggestion from the results of this study was notaries should carry out their duties and positions must comply with applicable laws and regulations, including in terms of attending the reading and signing of authentic deeds before the parties. With the presence of a notary, the deed was valid to become perfect evidence and has legal certainty, which would avoid problems that can arise in the future.
Yudianto Syahputra, Yanis Rinaldi, Teuku Abdurrahman. Legal responsibility of the notary absence/land deed making officer (PPAT) when signing the power of attorney to impose the mortgage rights deed before the parties. International Journal of Law, Volume 8, Issue 4, 2022, Pages 69-74