Case Study of False Statement in Notarial Deed in the Perspective of the Law on Notary Position

Abstract

A notary is assigned as a general official who makes a deed in which the deed issued by the notary is a perfect, strongest, and most complete proof that can guarantee legal certainty. Therefore, a notary must carry out his/her position in accordance with his/her authority as a public official as stipulated in the Law. This thesis applies a normative juridical approach and uses data sources which include primary, secondary and tertiary legal materials obtained through literature and field studies using interview guideline and field observation. The research that had been conducted found that the legal consequences for notarial deed containing false statements from appearers are that the party who feels disadvantaged by the existence of the deed can file a lawsuit in a civil court so the judge can decide to cancel the deed. Thus, the deed no longer has legal force because it has been declared legally flawed and null and void by law. The notary’s liability for the deed containing the false statement from appearer is in terms of administrative liability, civil liability, and criminal liability. The form of criminal sanction imposed on the appearer who gave a false statement for the authentic deed to the notary is that the appearer will be threatened with punishment in accordance with the provisions of Article 266 paragraph (1) of the Criminal Code; thus, the appearer deserves to be given a prison sentence. In addition, the form of civil sanction imposed on the appearer who gives false statements for authentic deeds to notaries is in the form of giving compensation to the injured party.