Legal Efforts for Notary Who Becomes a Defendant in Civil Cases Regarding the Deed He/She Made

Abstract

In Indonesia, a notary is one of the positions that provides services to the public in the inclusion of their wishes in written form. However, in reality, the role of the notary, in providing services in the civil sector, also often places them as a defendant or co-defendant in a case between the parties to the dispute. Thus, it raises the presumption that the notary is a party to the deed. The formulation of the problems in this study include: a) How is the legal effort for the notary who became a defendant in a civil case related to the deed he/she made? b) How is the strength of proof on the deed that the notary made? c) What efforts have been made by the notary to defend the deed he made? This study applies a sociological juridical approach. In addition, this study uses primary and secondary data in which they are analyzed qualitatively. The results of the study indicate that: 1) In the case of a notary who is also a defendant in a civil case, the provisions of Article 66 of the Law of Notary Position do not apply to him/her. So, in order to protect themselves and their positions in court, the notary may make several legal efforts. The first, before the verification phase in the court, is to make a claim of reconciliation. The second, after the decision of the panel of judges, is to make an ordinary legal effort; i.e. appeal to the High Court, appeal to the Supreme Court and review. Then, the effort of the resistance law (verzet) was carried out on the decision of the verstek. 2) The strength of proof of the notarial deed is divided into 3 (three) types, i.e. the strength of outward proof, the strength of formal proof, the strength of material proof. 3) Efforts made by the notary to defend the deed that he/she made are divided into 2 (two) types: first is before a lawsuit takes place in the court and second after a claim is made in court.

The Notary's Right of Refusal in Examination: Study of Judicial Consideration of Decision Number 1003 K/PID/2015

“…Thus, it is common in civil cases that the notary has an equal position to the suspect, even though this situation is unreasonable because a notary is prohibited from being involved in a legal action. The involvement of a notary as a suspect aims to reveal the results of the deed formed by a notary, which can serve as evidence (Busrizal, Yuslim, & Khairani, 2019). This particular case is recognized as one of the approaches to undermine the obligation to maintain the position confidential.…”