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.
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