Legal Protection For Notaries Against False Information Given By Participants In The Drafting of Authentic Deeds

Introduction: A problem that often occurs in connection with the implementation of the duties of a Notary is if there is a Notarial deed that is faulted by the parties, especially if the parties come to the Notary with false information or fake evidence.Purposes of the Research: This research aims to analyze the validity of a notary's statement which is based on evidence that is declared to be fake and legal protection for notaries for fake statements.Methods of the Research: This research uses normative legal research methods by looking for solutions and legal issues that arise, which will be achieved and then provide predictions. Legal approach and conceptual approach, with primary and secondary legal materials.Results of the Research: Based on Supreme Court Decision Number 702/J/Sip/1973 dated September 5 1973, the Notary who recorded what was shown and conveyed by the person facing, there is no obligation for the notary to investigate materially. In this way, the Notary is not asked to be held responsible for losses incurred because the parties provided false information.

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Publication Details

Journal
Batulis Civil Law Review
Published
2024-11-29
DOI
https://doi.org/10.47268/ballrev.v5i3.2828
Primary Topic
European and International Contract Law
Type
article
Field-Weighted Citation Impact
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article

Legal Protection For Notaries Against False Information Given By Participants In The Drafting of Authentic Deeds

S. Silviana, Jane Maria Octavia
Batulis Civil Law Review
European and International Contract Law
article

Legal Protection For Notaries Against False Information Given By Participants In The Drafting of Authentic Deeds

S. Silviana, Jane Maria Octavia
article en

Abstract

Introduction: A problem that often occurs in connection with the implementation of the duties of a Notary is if there is a Notarial deed that is faulted by the parties, especially if the parties come to the Notary with false information or fake evidence.Purposes of the Research: This research aims to analyze the validity of a notary's statement which is based on evidence that is declared to be fake and legal protection for notaries for fake statements.Methods of the Research: This research uses normative legal research methods by looking for solutions and legal issues that arise, which will be achieved and then provide predictions. Legal approach and conceptual approach, with primary and secondary legal materials.Results of the Research: Based on Supreme Court Decision Number 702/J/Sip/1973 dated September 5 1973, the Notary who recorded what was shown and conveyed by the person facing, there is no obligation for the notary to investigate materially. In this way, the Notary is not asked to be held responsible for losses incurred because the parties provided false information.

Batulis Civil Law ReviewVol. 5(3)
Diponegoro University (ID)
Openalex Percentile: Top 51%
European and International Contract Law
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