PERLINDUNGAN HUKUM TERHADAP NOTARIS DALAM PEMBUATAN AKTA AUTENTIK

Abstract

This research employs a normative juridical method with a statutory approach, namely examining laws and regulations, implementing provisions, and other legal norms related to the issues under study in order to obtain answers and solutions to the identified problems. The focus of this research is the duties and authorities of notaries as well as the forms of legal protection afforded to notaries in the process of drafting authentic deeds. The results of the research indicate that a notary, as a public official, has the duty and authority to draw up authentic deeds concerning every legal act, agreement, and determination required by laws and regulations or desired by the parties concerned. In addition, a notary is authorized to ensure the certainty of the date of a deed, keep and store deeds, issue grosses, copies, and excerpts of deeds, legalize and register private documents, provide legal advice, prepare deeds related to land matters and auction minutes, and exercise other authorities in accordance with statutory provisions, as stipulated in Article 15 paragraphs (1) and (2) of Law Number 2 of 2014 concerning the Position of Notary. In carrying out their duties, notaries are obliged to act in a trustworthy, honest, careful, independent, and impartial manner, to safeguard the interests of the parties, and to maintain the confidentiality of all information obtained in the preparation of deeds in accordance with their oath or promise of office. These obligations simultaneously constitute a form of preventive legal protection for notaries as regulated in Article 16 paragraph (1) letters a and f of the Notary Law.