Implementation of the Notary's Obligation to Read the Authentic Deed in Front of the Parties (A Research in Banda Aceh Municipality)

Abstract

Notaries in carrying out their duties and authority make authentic deeds between the parties entering into an agreement that are legally bound by and limited by UUJN. The main authority of a notary as mentioned above is to make authentic deeds regarding all agreements desired by those who have an interest to be stated in an authentic deed. Apart from that, Notaries are also charged with a number of obligations to comply with and follow, this is intended as a form of Notary's responsibility in carrying out their duties. Among these obligations is that the notary is obliged to read the contents of the deed to the parties. The reading of a deed by a notary is a condition for the authenticity of the deed and is an obligation of the notary as regulated in Article 16 paragraph (1) letter m UUJN, that in carrying out his office the notary is obliged to "read the deed in front of an audience. These provisions indicate that reading the deed by a notary is a must in every authentic deed. However, in reality there are also notaries who deliberately do not read the deed they have made, but in the editorial of the deed it is written that the notary has read it himself. The notary also said in the editorial of his deed that the parties had appeared before him even though the parties had only appeared before the notary's staff.