Legal Implications of Accuracy Principles Negligence in Making Deed
Journal Title: Academic Research International - Year 2014, Vol 5, Issue 5
Abstract
A notary in making authentic deed is required to always hold on to the Law No. 2 of 2014 and Act No. 30 of 2004 concerning about Notary position and Notary Code. The parameter used to analyze the error of the Notary is: the act contains elements of deceit; misrepresentation; concealment of facts; manipulation, breach of trust; subterfuge or illegal circumvention. Notary obligation has been dealt with specifically and in detail in Article 16 (1) letter a-n. Further sanctions provisions in Law No. 2 in 2014 and No. 30 of 2004 concerning about Notary stipulated in article 16, paragraph (11), (12), (13). Article 16, paragraph (11), Article 38 paragraph (4) states that the violations committed by the notary of the provisions referred to in Article 16 paragraph (1) letter j, which resulted in a deed only has the strength of evidence as a deed under hand or a deed became null and void may be the reason for the party who suffered a loss to claim reimbursement of expenses, damages and interest to the notary. Viewed from the standpoint of time, supervisory control can be divided into a priori and a posteriori control. The invitation notary as a witness, then improved as a defendant in a civil court concerning accountability deed made to be used as evidence before the tolerance of Notary Supervisory Council, then followed up with a punishment that can be used as a notary witnesses and suspects in criminal cases and the seizure of stored minuta bundles which is saved by Notary.
Authors and Affiliations
Thea Farina, Sudarsono , A. Rahmad Budiono, Iwan Permadi
Keywords
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