Legal Protection for Public Notary in Legalizing Non-Authentic Deed

Abstract

This study aims to explain the weight of evidence for a private agreement deed validated by a notary and the type of legal protection afforded to a notary who legalizes a private deed. The normative juridical approach is applied in the preparation of this study. This study applies both primary and secondary legal materials, with the primary legal materials being Law Number 2 of 2014 About the Position of Notary Public and the secondary legal materials being books, scientific papers, journals, and articles pertinent to this study. The results of the study indicate that private deeds that have been legalized by a Notary have complete evidentiary weight, as the truth of private deeds is contained in the parties' signatures. Therefore, by recognizing the signature, the contents of the deed are regarded as the parties' agreement. The formation of a monitoring body in accordance with Article 66 of the Public Notary Profession Act safeguards notaries in their capacity as public servants. If a notary is suspected of committing a breach by creating a document that is harmful to the parties, there is a process and procedure that must be followed before the notary can attend the trial.