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International Journal of
Law
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VOL. 9, ISSUE 3 (2023)
Notary responsibilities for unread fiduciary deeds
Authors
Muhammad Al asfaraini, Teuku Ahmad Yani, Teuku Abdurrahman
Abstract

The rules of responsibility of a notary for the deed he made are listed in Article 16 paragraph (1) letter (m) of Law Number 2 of 2014 concerning the Position of Notary, amendments to Law Number 30 of 2004, and the Notary Code of Ethics. The reading of the deed by a notary is a requirement of the authenticity of a deed and is the obligation of the notary not to violate the provisions of the notary supervised by the Notary Supervisory Board, which is a body that has the authority and obligation to carry out guidance and supervision of the notary. However, the facts that occur in the making of fiduciary deeds are mostly not following the rules mentioned above.

The purpose of this study is to explain the form of responsibility of a notary to a fiduciary deed that is not read in front of the audience and to explain the position of the fiduciary deed that is not read out by the notary in front of the audience.

The method used in this research is a normative juridical method. The data source used by the author is primary data in the form of interviews with the Banda Aceh City Notary, Banda Aceh City Notary Supervisory Board, Banda Aceh City Notary Supervisory Council, and other related parties. Meanwhile, secondary data was obtained from the main legal materials by examining theories, concepts, legal principles, and laws and regulations related to this research.

The results showed that there were notaries who did not read the fiduciary deed in front of the appearers due to the large number of notaries in making Fiduciary Deeds so the responsibilities in reading the deed could not be carried out perfectly, as a result, their were defects in the deed issued resulting in legal loopholes for the attorneys (lawyers) in finding fault Notary in carrying out his position. The position of the deed made by the notary has been degraded which has resulted in the power of proving the deed privately.

It is suggested to a notary in carrying out his/her position that a notary must adhere to the Law on the Position of a Notary, the notary's code of ethics, or other legal regulations, without neglecting his/her obligations, especially in the case of reading the Fiduciary Deed before the Appearance. With the reading of the Fiduciary Deed in front of the Appearance, it can facilitate the Notary in carrying out his duties to avoid all legal loopholes.
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Pages:82-85
How to cite this article:
Muhammad Al asfaraini, Teuku Ahmad Yani, Teuku Abdurrahman "Notary responsibilities for unread fiduciary deeds". International Journal of Law, Vol 9, Issue 3, 2023, Pages 82-85
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