POSITION OFFENSES BY NOTARY IN MAKING AUTHENTIC DEED: REVIEWING THE NOTARY RESPONSIBILITY

Abstract

The research aims to analyze the notary’ responsibility as common official
who conduct contempting of court in making deed and notary’ criminal responsibility
in running the deed and criminal liability of Notary in conducting its position. The
type of research is normative-legal or also called as doctrinal research. The results
of research indicate the form of notary’ responsibility can be administrative, civil or
criminal responsibility. Especially the notary’ criminal responsibility is not clearly
regulated in the Notary Act, but its responsibility is very dependent on “deliberate”
(opzet) in notay’ conduct. In making the deed, the notary shall be responsible for
the deeds which are made there or which are intentional mistake, on the contrary if
the element of mistake occurs from the parties confronting, so as long as the Notary
conducitng ith authority in accordance with the laws and regulations, the Notary
concerned cannot be requested accountability, since the Notary simply records what
the parties are saying to be contained into a deed.