Authentic Deeds and The Rights of The Deaf: Regulatory and Ethical Perspectives on Notarial Practice

This study explores the legal obligations of Notaries in the preparation of authentic deeds involving deaf clients, with a focus on ensuring the fulfillment of their legal rights. According to Article 16 paragraph (1) letter m of the Indonesian Notary Position Law (Undang-Undang Jabatan Notaris or UUJN-P), Notaries are required to read aloud the contents of the deed to ensure the client's comprehension and consent. However, this provision lacks specificity in addressing the needs of clients with sensory disabilities, particularly the deaf. Employing a normative juridical method, this research analyzes existing legislation, comparative legal theories, and authoritative legal doctrines. The findings reveal a normative gap in the current legal framework, which does not explicitly mandate the presence of a sign language interpreter during the deed-reading process for deaf clients. This regulatory deficiency raises concerns regarding the legal protection and equal access to justice for persons with disabilities. Consequently, the study underscores the urgent need for more comprehensive and inclusive legal provisions to ensure legal certainty and the protection of the rights of deaf individuals in notarial practices.

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Publication Details

Journal
Social Science and Humanities Journal
Published
2025-08-11
DOI
https://doi.org/10.18535/sshj.v9i08.2003
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Authentic Deeds and The Rights of The Deaf: Regulatory and Ethical Perspectives on Notarial Practice

I Nyoman Alit Puspadma, I Ketut Kasta Arya Wijaya, I Nyoman Sukandia, Made Agus Risaldi
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Social Science and Humanities Journal
Indonesian Legal and Regulatory Studies
article

Authentic Deeds and The Rights of The Deaf: Regulatory and Ethical Perspectives on Notarial Practice

I Nyoman Alit Puspadma, I Ketut Kasta Arya Wijaya, I Nyoman Sukandia, Made Agus Risaldi
article en

Abstract

This study explores the legal obligations of Notaries in the preparation of authentic deeds involving deaf clients, with a focus on ensuring the fulfillment of their legal rights. According to Article 16 paragraph (1) letter m of the Indonesian Notary Position Law (Undang-Undang Jabatan Notaris or UUJN-P), Notaries are required to read aloud the contents of the deed to ensure the client's comprehension and consent. However, this provision lacks specificity in addressing the needs of clients with sensory disabilities, particularly the deaf. Employing a normative juridical method, this research analyzes existing legislation, comparative legal theories, and authoritative legal doctrines. The findings reveal a normative gap in the current legal framework, which does not explicitly mandate the presence of a sign language interpreter during the deed-reading process for deaf clients. This regulatory deficiency raises concerns regarding the legal protection and equal access to justice for persons with disabilities. Consequently, the study underscores the urgent need for more comprehensive and inclusive legal provisions to ensure legal certainty and the protection of the rights of deaf individuals in notarial practices.

Social Science and Humanities JournalVol. 9(08)
Warmadewa University (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 75%
Indonesian Legal and Regulatory Studies
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Authentic Deeds and The Rights of The Deaf: Regulatory and Ethical Perspectives on Notarial Practice — I Nyoman Alit Puspadma, I Ketut Kasta Arya Wijaya, et al. · Social Science and Humanities Journal (2025) | TGRS Research Map | TGRS