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VOL. 11, ISSUE 2 (2025)
Notary liability and protection for aggrieved parties in fraud (A case analysis in the perspective of duties and positions of Notary/PPAT)
Authors
Zahra Faras Etwin Khoiriyah, I Gusti Ayu Ketut Rachmi, Widodo Trishna Novianto
Abstract

This research highlights the legal responsibility for notaries and PPAT (Land Deed Making Officials) in fraud cases, using the theory of civil and criminal liability as well as the theory of legal protection for the aggrieved party. Through the examination of two court decisions, one of which resulted in the defendant being guilty and the other defendant being acquitted. This study emphasizes the importance of judge's discretion and standard of proof in determining the fault of a notary.

This study obtained the results that Notaries and PPAT must strictly comply with the code of ethics and legal procedures to avoid legal consequences, because mistakes or fraudulent actions can result in criminal, civil, and administrative sanctions. The court's decision in fraud cases involving notaries can differ based on evidence, legal interpretation, and application of the rules. This study shows that preventive legal protections (such as stricter regulations and increased public awareness) as well as repressive legal protections (criminal penalties and legal remedies through the courts) are essential to protect parties harmed by fraudulent notary actions. The suggestions from this study are the need to provide stricter supervision of Notaries/PPAT, compliance with professional ethics rules and consistency in legal decisions to ensure fairness and legal certainty in notary practice,
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Pages:38-44
How to cite this article:
Zahra Faras Etwin Khoiriyah, I Gusti Ayu Ketut Rachmi, Widodo Trishna Novianto "Notary liability and protection for aggrieved parties in fraud (A case analysis in the perspective of duties and positions of Notary/PPAT)". International Journal of Law, Vol 11, Issue 2, 2025, Pages 38-44
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