The Negligence Of The Notary Issued A Copy When The Minuta Deed Had Not Been Signed (a Case Study Of The State Court Decision Range Number: 657/Pid.B/2015/PN.Kis)

Feb 27, 2025 by ADMIN 163 views

The Negligence of the Notary Issued a Copy When the Minuta Deed Had Not Been Signed: A Case Study of the State Court Decision Number: 657/Pid.B/2015/PN.Kis

Introduction

As one of the most important legal professions, notaries play a significant role in making legal documents, including deeds that have the power of authentic deeds. Notaries are required to comply with various authorities, prohibitions, and obligations stipulated in the law, especially those listed in the Notary Position Law (UUJN). One of these obligations, written in Article 16 paragraph (1) letter d, requires a notary to issue a copy of the deed based on the Minuta Deed. This confirms that the procedure for making a deed must begin with the manufacture and signing of the Minuta Deed first, before the copy of the deed is released.

However, in the case handled by the Kisaran District Court with Decision Number 657/Pid.B/2015/PN.Kis, there was a negligence where a copy of the deed was issued before the Minuta of the Deed was signed. This action is clearly contrary to the stipulated procedures and has the potential to damage the credibility of the notary profession.

The Importance of Notary Profession

Notaries play a crucial role in the legal system, and their actions have a significant impact on the lives of individuals and communities. As a public official, a notary is required to maintain their integrity and professionalism by complying with all applicable legal provisions. Notaries are responsible for creating authentic deeds that can be used as evidence in court, and any errors in the issuance of a copy of the deed can bring serious legal consequences.

The Role of Notary in Issuing a Copy of the Deed

According to the Notary Position Law (UUJN), a notary is required to issue a copy of the deed based on the Minuta Deed. This procedure is essential to ensure that the deed is authentic and can be used as evidence in court. However, in the case handled by the Kisaran District Court, a copy of the deed was issued before the Minuta of the Deed was signed. This action is clearly contrary to the stipulated procedures and has the potential to damage the credibility of the notary profession.

Case Analysis

This study uses a normative juridical method with the legislation and case study approach. Through this approach, the authors conduct descriptive and analytical analysis of violations that occur. The data sources used include primary, secondary, and tertiary legal materials, as well as data collection through document studies. Qualitative analysis methods are used to draw conclusions deductively.

From the analysis conducted, it was revealed that issuing a copy of the deed before signing Minuta was an action that not only violated the procedure but also damaged the professional image of the notary as a public official who was obliged to create a strong authentic deed and could be used as evidence. A copy of the deed issued in this situation does not meet formal and material requirements, so that its status as evidence cannot be accounted for.

Notary Responsibility

Notary responsibility in this context can be analyzed through two aspects: Obligations according to UUJN and the Notary Code of Ethics. In practice, notaries must be able to maintain their integrity and professionalism by complying with all applicable legal provisions. Errors in the issuance of a copy of the deed can bring serious legal consequences, not only for the notary itself, but also for the parties involved in the deed.

Recommendation

As a suggestion, the notary is expected to be more careful in carrying out their duties, by understanding and following the procedures stipulated in the UUJN. It is important for a notary to conduct a comprehensive examination of the data delivered by the client, and not only follow requests without considering relevant legal aspects. In this way, the notary can ensure that the deed made still has authentic nature and does not cause losses to others.

Conclusion

In conclusion, the negligence of the notary issued a copy when the Minuta Deed had not been signed is a serious issue that can damage the credibility of the notary profession. Notaries must be more careful in carrying out their duties and comply with all applicable legal provisions. This is essential to maintain public trust in legal institutions and notary professions.

Future Research Directions

Future research directions can focus on the following areas:

The impact of notary negligence on the credibility of the notary profession
The role of notary in maintaining public trust in legal institutions
The importance of notary education and training in preventing negligence

By conducting further research in these areas, we can gain a deeper understanding of the importance of notary profession and the need for notaries to maintain their integrity and professionalism.

Limitations of the Study

This study has several limitations, including:

The case study approach used in this research may not be representative of all notary cases
The data used in this study may not be comprehensive or up-to-date
The analysis conducted in this study may not be exhaustive or definitive

Despite these limitations, this study provides valuable insights into the importance of notary profession and the need for notaries to maintain their integrity and professionalism.

Conclusion

Q: What is notary negligence?

A: Notary negligence refers to the failure of a notary to follow the proper procedures and protocols when issuing a copy of a deed. This can include issuing a copy of the deed before the Minuta Deed has been signed, which is a serious violation of the Notary Position Law (UUJN).

Q: What are the consequences of notary negligence?

A: The consequences of notary negligence can be severe, including damage to the credibility of the notary profession, loss of public trust, and potential legal consequences for the notary and the parties involved in the deed.

Q: What are the responsibilities of a notary?

A: A notary has several responsibilities, including:

Issuing a copy of the deed based on the Minuta Deed
Conducting a comprehensive examination of the data delivered by the client
Following the procedures stipulated in the UUJN
Maintaining their integrity and professionalism

Q: What is the role of the Notary Position Law (UUJN) in preventing notary negligence?

A: The Notary Position Law (UUJN) is a crucial law that outlines the procedures and protocols that notaries must follow when issuing a copy of a deed. By following the UUJN, notaries can prevent negligence and ensure that the deed is authentic and can be used as evidence in court.

Q: How can notaries prevent negligence?

A: Notaries can prevent negligence by:

Conducting a comprehensive examination of the data delivered by the client
Following the procedures stipulated in the UUJN
Maintaining their integrity and professionalism
Seeking guidance from experienced notaries or legal professionals when needed

Q: What are the benefits of notary education and training?

A: Notary education and training can provide notaries with the knowledge and skills they need to prevent negligence and maintain their integrity and professionalism. Benefits of notary education and training include:

Improved understanding of the Notary Position Law (UUJN)
Enhanced skills in conducting comprehensive examinations of client data
Increased confidence in following procedures and protocols
Better ability to maintain public trust and credibility

Q: How can the public trust notaries to maintain their integrity and professionalism?

A: The public can trust notaries to maintain their integrity and professionalism by:

Verifying the notary's credentials and experience
Checking the notary's reputation and reviews
Ensuring that the notary follows the procedures stipulated in the UUJN
Reporting any concerns or suspicions of notary negligence to the relevant authorities

Q: What are the future research directions for notary negligence?

A: Future research directions for notary negligence include:

The impact of notary negligence on the credibility of the notary profession
The role of notary in maintaining public trust in legal institutions
The importance of notary education and training in preventing negligence

By conducting further research in these areas, we can gain a deeper understanding of the importance of notary profession and the need for notaries to maintain their integrity and professionalism.