Notary’s Liability for Notarial Protocol Damaged by Disaster

Abstract

This study discusses the notary’s liability for notarial protocol damaged by disaster. This study applies empirical normative legal research method conducted by examining library materials and direct observation in the field of notary’s liability against notarial protocol and forms of legal protection for notary. Notarial protocol is a collection of documents that are state archives that must be stored and maintained by a notary in accordance with the provisions of the legislation. Notary has a very important position and role in the life of the nation and state, because he/she has the authority specified in the laws and regulations. Force majeure is an event or situation that occurs outside the power of the parties concerned; in this case, the company and workers/ laborers. Force majeure uses the term “overmacht”. Fixed overmacht means overmacht which results in a continuous agreement or forever and is impossible to implement or cannot be fulfilled at all. In such circumstances, the overmacht automatically ends the agreement because it cannot be fulfilled. Temporary overmacht means overmacht which results in the implementation of an agreement postponed from the time specified in the agreement. In addition, authentic deeds are deeds made by officials authorized to do so. They are rulers according to stipulated provisions with or without assistance from related parties. They note what the related parties requested to be included in the authentic deed. The authentic deed contains information about an official who explains what happened or was seen before him/her. In this case, there are no rules that regulate about how a notary must be liable for the damaged protocol and how the forms of legal protection.