Tanggung Jawab Notaris terhadap Akta Autentik yang Isi Aktanya Tidak Sesuai dengan Fakta

Abstract

The purpose of this research is to analyze the responsibilities that must be borne by a notary if there is a notarial deed or also known as an authentic deed whose contents do not match the original facts or reality. The authority of a Notary in creating authentic deeds is commensurate with their responsibility, as this responsibility continues to attach to the notary even after retirement, as stipulated in Law Number 2 of 2014. There are times when the notary makes a mistake in creating an authentic deed, whether intentional or unintentional, so when this happens later and causes losses to the parties involved, is the notary obliged to be held accountable for it? So, it needs to be discussed to what extent the responsibilities of the Notary are limited. The research method used is normative juridical. Research results show that if a Notary makes a mistake in an authentic deed they created, causing harm to others, as long as the aggrieved party can prove that the mistake was due to the Notary's negligence or intent, the Notary can be held accountable from the perspectives of general law, civil law, administrative law, and criminal law. When a Notary is proven to have intentionally or knowingly created or collaborated and signed a false deed, the notary can be charged with complicity in the forgery of a deed.