Aswin Setiadi Fail, Mispansyah

LEGAL LIABILITY FOR FALSE INFORMATION IN NOTARIAL DEEDS

Introduction

Legal liability for false information in notarial deeds. Analyze legal liability forms for notaries regarding false information in deeds. Explore consequences, criminal/civil sanctions, and notary fault under Law No. 2/2014.

Abstract

This study aims to analyze the forms of notarial liability for deeds containing false information and to determine the legal consequences for deeds that are later proven to be false or not in accordance with applicable provisions. It also examines how the theory of error applies to alleged false information in authentic deeds prepared by notaries. This study uses a normative research method, employing a statutory approach and a case study approach. The legal material collection technique used is a literature study. This legal material analysis technique is based on a normative juridical perspective. The aim is to answer the problems discussed. The first research result: legal liability for parties containing false information in notarial deeds includes criminal liability in the form of imprisonment and civil liability in the form of compensation and administrative sanctions, as stipulated in Law No. 2 of 2014 concerning Notary Positions, resulting in the deed being legally void and becoming a private deed. Second Research Findings: Notaries cannot be held legally accountable without fault, even if there is an alleged violation of the law.

Review

This study, titled "LEGAL LIABILITY FOR FALSE INFORMATION IN NOTARIAL DEEDS," addresses a critical area within legal practice concerning the integrity and authenticity of notarial instruments. The research meticulously aims to analyze the various forms of notarial liability when deeds contain inaccuracies, delineate the legal ramifications for such deeds proven false, and explore the application of the theory of error in instances of alleged misinformation. Utilizing a normative research methodology, supported by statutory and case study approaches, and employing a literature study for legal material collection, the paper promises a robust legal examination of this pertinent subject matter. The study presents two significant research findings. Firstly, it clarifies that legal liability for parties submitting false information in notarial deeds encompasses criminal penalties, civil compensation, and administrative sanctions, as stipulated in Law No. 2 of 2014 concerning Notary Positions. A crucial consequence highlighted is that such deeds are rendered legally void, effectively downgrading them to private instruments. Secondly, the research emphatically concludes that notaries themselves cannot be held legally accountable without demonstrating fault, even in the presence of an alleged legal violation. This finding underscores the importance of intent and professional diligence in assessing notarial culpability, aligning with fundamental principles of liability based on fault. Overall, this study makes a valuable contribution by systematically outlining the legal framework governing false information in notarial deeds and the corresponding liabilities. The clarity regarding the requirement of fault for notarial liability is particularly significant, reinforcing established legal principles. While the study effectively addresses the forms of liability and consequences, the abstract's stated aim to "examine how the theory of error applies" could be further elaborated within the findings, perhaps through specific examples or a deeper conceptual discussion of its interface with the fault requirement. Nevertheless, this paper offers a clear and concise analysis of a critical legal issue, serving as a useful reference for legal professionals and scholars interested in the integrity of authentic instruments.

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