Legal Responsibility Of Notaries As Public Officials Who Commit Unlawful Acts In Preparing Authentic Deeds (Study Of Medan District Court Decision Number 619/Pdt.G/2023/Pn Medan)

Abstract

A notary is a public official authorized to draw up authentic deeds and has other authorities as referred to in this Law or based on other laws as stated in Article 1 Number (1) of Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary. As a public official, a notary has obligations and responsibilities regarding his/her position in providing legal services. One of the notary's obligations in carrying out his/her position is to issue copies of deeds. A notary who does not issue copies of deeds to interested parties has normatively committed an unlawful act. The purpose of this study is to answer the problems in this study related to the notary's legal responsibility when committing an unlawful act by not issuing a copy of an authentic deed and a legal analysis of the judge's legal considerations in deciding case Number 619/Pdt.G/2023/PN Medan concerning unlawful acts committed by a notary as a public official. In carrying out the position of Notary, it is obligatory to "act honestly, independently, impartially, with a full sense of responsibility, based on statutory regulations and the contents of the Notary's oath of office". The Panel of Judges in deciding the case has been deemed correct (res judicata pro veritate habetur). by taking into account the exceptional nature as regulated in Article 191 RBg, Supreme Court Circular Letter Number 3 of 2000 and Supreme Court Circular Letter Number 4 of 2001, in addition the Panel of Judges also took into account the provisions of Article 16 Paragraph (1) in conjunction with Article 54 Paragraphs (1) and (2) UUJN and Article 1365 of the Civil Code which states that "every act that violates the law and causes loss to another person, requires the person whose fault caused the loss, to replace the loss