The Legal Responsibility of Notaries for Discrepancies between the Minute and the Authentic Copies of the Deed

Article 16 paragraph (1) letters a, b, and c of Law Number 2 of 2014 concerning the Notary Act explains that in carrying out his duties, a notary is obliged to: act honestly, diligently, independently, impartially, and safeguard the interests of the parties involved in legal acts; create deeds in the form of minute deeds and keep them as part of the notary's protocol; issue grosse deeds, copies of deeds, or excerpts of deeds based on minute deeds. A copy of a deed is a derivative of a minute deed and an inseparable part of the minute deed; both are deeds and must be made with the same wording. This is regulated in Article 1 points 8 and 9 of the Act, which states that "a minute deed is the original notarial deed, and a copy of the deed is a word-for-word copy of the entire deed, and at the bottom of the copy of the deed, the phrase 'given as a copy with the same wording' is included." This research employs a normative juridical method, utilizing three approaches: the statutory approach, the conceptual approach, and the case approach. This research is based on secondary data. The data is analyzed descriptively and qualitatively using legal interpretation. The purpose of this research is to explain the legal responsibility of notaries regarding the discrepancies between the minute of the deed and the authentic deed copy. The research results show that the notary's responsibility depends on the presence of elements of error, negligence, and loss experienced by the parties. The notary can be held legally accountable administratively, civilly, and criminally. Administrative legal accountability can take the form of written reprimands, temporary suspension, or dismissal without honor. Civilly, the notary can be sued for unlawful acts that cause loss to the parties. Criminally, if elements of intent, forgery, or abuse of authority in the creation of the deed are proven, the notary can be imprisoned for the forgery of authentic deeds under Article 266 of the Criminal Code.