Penyimpangan Peran Notaris dalam Pelaksanaan Prosedur Pembacaan dan Penandatanganan Akta oleh Para Pihak Secara Bersama-Sama Menurut Undang-Undang Jabatan Notaris

Abstract

The Notary Position Law requires a Notary to read the deed before the appearers in the presence of at least two witnesses and to have it signed immediately by the appearers, the witnesses, and the Notary. This obligation is intended to ensure that the deed genuinely reflects the intentions of the parties. However, in notarial practice, this obligation is not always properly implemented. This study aims to analyze the forms of legal liability of Notaries, whether civil, administrative, or criminal, when a deed does not fulfill the formal requirements of joint reading and signing, as well as to examine the construction of legal protection for users of notarial services when a deed loses its evidentiary force due to procedural defects. The method employed is normative-empirical, with data obtained through literature review, direct empirical findings, and interviews with three practicing Notaries. The results show that a Notary may be held civilly liable through tort claims based on Article 1365 of the Indonesian Civil Code, administratively accountable through the Notary Supervisory Council and the Notary Honorary Council, and criminally liable as an ultimum remedium. Legal protection for users of notarial services is available through preventive mechanisms in the form of formal obligations under the Notary Position Law and the Notary Code of Ethics, as well as repressive mechanisms in the form of degradation of the deed’s evidentiary force, claims for compensation, reporting to the Supervisory Council and Honorary Council, and criminal proceedings.