The Concept Of Liability As Legal Protection For Notaries Exercising Authority In Indonesia

This research examines the legal protection for notaries in exercising their authority, especially when there are allegations of errors in making deeds that can have an impact on criminal or civil lawsuits. The phenomenon of increasing lawsuit cases against notaries indicates the existence of legal uncertainty in this profession, which encourages the urgency of formulating a clearer concept of legal protection. Using the theory of liability, this research analyses the limits of notary responsibility as well as the concept of legal protection that can provide prevention against unfounded claims. This research uses normative legal research methods with statutory, case, and conceptual approaches. The results show that notaries need legal protection that can balance their duties and authorities, especially in relation to the limits of liability and the application of liability. The proposed concept of legal protection covers two aspects, namely preventive and repressive, to ensure that notaries can perform their duties independently and are safe from excessive legal threats. The conclusion of this research is expected to contribute to the formation of legal policies that strengthen protection for notaries and clarify the role of the state in providing guarantees to the integrity of the notary profession in Indonesia.

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Publication Details

Journal
Journal Evidence Of Law
Published
2024-11-13
DOI
https://doi.org/10.59066/jel.v3i3.937
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
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article

The Concept Of Liability As Legal Protection For Notaries Exercising Authority In Indonesia

Maryano Maryano, Claradyta Kirana, Supaphorn Akkapin
Journal Evidence Of Law
Indonesian Legal and Regulatory Studies
article

The Concept Of Liability As Legal Protection For Notaries Exercising Authority In Indonesia

Maryano Maryano, Claradyta Kirana, Supaphorn Akkapin
article en

Abstract

This research examines the legal protection for notaries in exercising their authority, especially when there are allegations of errors in making deeds that can have an impact on criminal or civil lawsuits. The phenomenon of increasing lawsuit cases against notaries indicates the existence of legal uncertainty in this profession, which encourages the urgency of formulating a clearer concept of legal protection. Using the theory of liability, this research analyses the limits of notary responsibility as well as the concept of legal protection that can provide prevention against unfounded claims. This research uses normative legal research methods with statutory, case, and conceptual approaches. The results show that notaries need legal protection that can balance their duties and authorities, especially in relation to the limits of liability and the application of liability. The proposed concept of legal protection covers two aspects, namely preventive and repressive, to ensure that notaries can perform their duties independently and are safe from excessive legal threats. The conclusion of this research is expected to contribute to the formation of legal policies that strengthen protection for notaries and clarify the role of the state in providing guarantees to the integrity of the notary profession in Indonesia.

Journal Evidence Of LawVol. 3(3)
Rajamangala University of Technology Krungthep (TH), Universitas Jayabaya (ID)
Openalex Percentile: Top 53%
Indonesian Legal and Regulatory Studies
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The Concept Of Liability As Legal Protection For Notaries Exercising Authority In Indonesia — Maryano Maryano, Claradyta Kirana, et al. · Journal Evidence Of Law (2024) | TGRS Research Map | TGRS