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VOL. 12, ISSUE 4 (2026)
Legal liability of a Notary for identity forgery by a party appearing before the notary in the execution of a Deed
Authors
Nurul Izzati, Rizanizarli, Siti Rahmah
Abstract
As a public official authorized to draw up authentic deeds, a notary must be meticulous, thorough, and consistently apply the principle of prudence in exercising their authority. Under Law Number 2 of 2014 concerning Amendment to Law Number 30 of 2004 concerning the Notary Office—specifically Article 16 (1) letter a—a notary is obligated to act honestly, diligently, independently, and impartially, while safeguarding the interest of the parties involved in the legal act. Furthermore, a notary is required to verify the identities, authority, and intentions of the parties. This requirement is stipulated in Article 39 of Law Number 2 of 2014, which mandates that a notary must know the parties appearing before them (“penghadap”). However, in practice, instances of identity misuse by appearing parties during the drafting of deeds still occur; this situation gives rise to legal issues as it can compromise the principles of formal and material truth in deed execution. Such identity misuse by appearing parties can also affect the validity of the deed and result in liability for the notary.
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Pages:64-70
How to cite this article:
Nurul Izzati, Rizanizarli, Siti Rahmah "Legal liability of a Notary for identity forgery by a party appearing before the notary in the execution of a Deed". International Journal of Law, Vol 12, Issue 4, 2026, Pages 64-70
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