E ISSN: 2583-049X

International Journal of Advanced Multidisciplinary Research and Studies

Volume 4, Issue 3, 2024

Compensation for Notaries who are found not guilty in Court Decisions that have Permanent Legal Force

Author(s): Raudya Niesa Ghani Purnomo, Moh. Ali, Ainul Azizah


The task of a notary is to pour out the data and information provided by the parties without further investigating the veracity of the data. As we all know, a notary does not have the authority to conduct an investigation or seek material truth from the data and information provided by the parties (appearers). This had an impact on the deed he made which later became problematic. Problems arise in terms of the form of notary accountability for the process of making authentic deeds where the data and information are not based on the truth. Facing. The reality is that there are many cases where notaries are involved in criminal acts, so they must be held accountable for their actions either as the main actors or participating in committing criminal acts, especially related to their authority to make authentic deeds. However, over time, based on evidence in court, the notary was declared free and innocent, so the notary was acquitted. As stipulated in the provisions of Article 50 of the Criminal Code that a person who commits an act to carry out the provisions of the law, may not be punished also applies to a notary as long as what has been done is in accordance with the procedures of the applicable laws and regulations. The Notary Office Law does not regulate the procedures for recovering the rights of a Notary after a period of detention in a court proceeding caused by a case. The Notary Office Law only provides for the application of Civil and Administrative sanctions in the Notary Office Law. The application of these sanctions is not matched by the recovery of the rights of the Notary after being subject to legal sanctions and in particular the restoration of the rights of the Notary after a period of detention in court proceedings. With no regulation of recovery of the rights of a Notary after a period of detention in the process of a court decision in the provisions of the Law on the Position of a Notary, it forms a legal vacuum.

Keywords: Legal Protection, Notary, Criminal

Pages: 1331-1340

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