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VOL. 9, ISSUE 5 (2023)
Notary responsibilities for deeds circulated to clients to be signed
Authors
Bagus Dwi Kurnianto, Isharyanto, Noor Saptanti
Abstract
Notaries in carrying out their duties,
positions, and responsibilities must follow the guidelines set out in the UUJN
and KEN. However, there are still Notaries who do not pay attention to this
formal aspect. One example is when the parties sign the deed. Is it true that a
Notary can sign a deed outside the office with the parties at different times
and places, and what is the legal impact on the status of the deed? This research
is a normative research with a statutory approach and conceptual approach, and
uses primary and secondary legal materials. The results show that the Notary is
obliged to read out the deed in the presence of the parties and witnesses, and
all parties must sign the deed at that time. If the reading and signing are not
done in the presence of the Notary, the evidentiary power of the deed will be
degraded. Furthermore, Notaries who violate the Code of Ethics by sending the
deed to the client for signature may be subject to various sanctions, including
reprimand, warning, temporary dismissal, and dishonourable dismissal. It is
emphasised that Notaries must pay attention to these formal aspects and fulfil
their obligations to avoid legal consequences and potential sanctions. The
signing of a deed by a Notary outside the office does not directly result in a
decrease in the status of the notarial deed, but it is still considered an
authentic deed with perfect evidentiary power as long as the deed is notarised.
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Pages:138-142
How to cite this article:
Bagus Dwi Kurnianto, Isharyanto, Noor Saptanti "Notary responsibilities for deeds circulated to clients to be signed". International Journal of Law, Vol 9, Issue 5, 2023, Pages 138-142
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