Juridical Analysis Of Notary Actions That Do Not Read The Deed (Case Study Of North Sumatra MPWN Decision Number 7/MPWN. North Sumatra Province/X/2016)

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Introduction

In the realm of law, notaries play a crucial role in providing legal certainty related to the validity of documents. One of the notary's obligations that should not be ignored is the reading of the deed in front of the parties involved. This article aims to conduct a juridical analysis of notary actions that do not read the deed, using the case study of North Sumatra MPWN Decision Number 7/MPWN. North Sumatra Province/X/2016.

The Importance of Reading the Deed

The notary's obligation to read the deed is a critical aspect of their duties. According to the Notary Position Law (UUJN) No. 2 of 2014, the notary must read the deed in front of the parties facing. This obligation is essential to ensure that the parties understand the contents of the deed and do not sign it without knowing its implications.

The Impact of Not Reading the Deed

Notary actions that do not read the deed to the parties have a significant impact, especially for those who are harmed. The unclear contents of the deed due to not reading can cause misunderstandings and result in losses for those who do not know the contents of the deed as a whole. As in the case of MAH, ignorance of changes in CV can cause loss of rights and financial losses.

Deed of Degraded into a Deed under the Hand

The deed made without officially reading in front of the parties will lose its legal force as an authentic deed and become a deed under the hand. This will make it difficult for proof in court and hamper legal efforts to get justice.

Notary Responsibility and Legal Protection

The Notary Position Law (UUJN) No. 2 of 2014 regulates the obligations of the notary in carrying out their duties, including the obligation to read the deed to the parties.

Article 16 Paragraph 1 Letter M UUJN

This article explicitly states that the notary must read the deed in front of the parties facing. Violations of this obligation can result in sanctions, including compensation suit.

Article 44 Paragraph 5 of UUJN

This article provides a legal basis for the disadvantaged party to demand compensation to the notary for the mistakes made.

North Sumatra MPWN Decision as Precedent

North Sumatra MPWN Decision Number 7/MPWN. North Sumatra Province/X/2016 provides legal protection for those who are disadvantaged due to the notary acts that do not read the deed. This decision is an important precedent to remind the notary to always carry out their obligations with professional and responsible.

Conclusions and Suggestions

The notary acts that do not read the deed to the parties are serious violations of the notary obligations and have the potential to harm the parties involved. North Sumatra MPWN Decision Number 7/MPWN. North Sumatra Province/X/2016 confirms that the notary must be responsible for their negligence and the disadvantaged party has the right to demand compensation.

Suggestions for Notary

  • Increasing Discipline: Notary must be more thorough and disciplined in carrying out their duties, including reading the deed clearly and ensuring all parties understand their contents.
  • Building Good Communication: The notary must build good communication with the parties, making sure they understand the contents of the deed and do not hesitate to ask before signing the deed.
  • Increasing Professionalism: Notary must continue to increase their professionalism by attending training and education programs to understand the development of law and ethics of the profession.

The increase in professionalism and responsibility of notaries will be the key to building public trust and increasing legal certainty in Indonesia.

Conclusion

In conclusion, notary actions that do not read the deed to the parties are serious violations of the notary obligations and have the potential to harm the parties involved. The North Sumatra MPWN Decision Number 7/MPWN. North Sumatra Province/X/2016 provides legal protection for those who are disadvantaged due to the notary acts that do not read the deed. It is essential for notaries to be more thorough and disciplined in carrying out their duties, including reading the deed clearly and ensuring all parties understand their contents.

Introduction

In our previous article, we discussed the importance of notary actions that read the deed to the parties involved. However, there are still many questions and concerns about this topic. In this article, we will address some of the frequently asked questions (FAQs) about notary actions that do not read the deed.

Q1: What is the purpose of reading the deed in front of the parties?

A1: The purpose of reading the deed in front of the parties is to ensure that they understand the contents of the deed and do not sign it without knowing its implications. This is a critical aspect of the notary's duties and is essential to prevent misunderstandings and potential losses for the parties involved.

Q2: What happens if the notary does not read the deed?

A2: If the notary does not read the deed, the deed will lose its legal force as an authentic deed and become a deed under the hand. This will make it difficult for proof in court and hamper legal efforts to get justice.

Q3: Can the parties involved still sign the deed if the notary does not read it?

A3: No, the parties involved cannot sign the deed if the notary does not read it. The notary's obligation to read the deed is a critical aspect of their duties, and they must ensure that the parties understand the contents of the deed before signing it.

Q4: What are the consequences of not reading the deed?

A4: The consequences of not reading the deed can be severe, including:

  • Loss of rights and financial losses for the parties involved
  • Difficulty in proving the deed in court
  • Hampering of legal efforts to get justice

Q5: Can the notary be held responsible for not reading the deed?

A5: Yes, the notary can be held responsible for not reading the deed. According to the Notary Position Law (UUJN) No. 2 of 2014, the notary must read the deed in front of the parties facing. Violations of this obligation can result in sanctions, including compensation suit.

Q6: What can the parties involved do if the notary does not read the deed?

A6: If the notary does not read the deed, the parties involved can:

  • Demand compensation from the notary for the mistakes made
  • File a complaint with the relevant authorities
  • Seek legal advice to understand their rights and options

Q7: How can notaries prevent not reading the deed?

A7: Notaries can prevent not reading the deed by:

  • Being more thorough and disciplined in carrying out their duties
  • Ensuring that the parties understand the contents of the deed before signing it
  • Building good communication with the parties involved

Q8: What is the role of the North Sumatra MPWN Decision in this matter?

A8: The North Sumatra MPWN Decision Number 7/MPWN. North Sumatra Province/X/2016 provides legal protection for those who are disadvantaged due to the notary acts that do not read the deed. This decision is an important precedent to remind the notary to always carry out their obligations with professional and responsible.

Conclusion

In conclusion, notary actions that do not read the deed to the parties are serious violations of the notary obligations and have the potential to harm the parties involved. It is essential for notaries to be more thorough and disciplined in carrying out their duties, including reading the deed clearly and ensuring all parties understand their contents.