The Legal Position of the Instrumenter Witness in Relation to the Confidentiality of a Notarial Deed

Abstract

The summons of deed witness or it can be called instrumenter witnesses  to be a witness in the judicial process often happens in daily life. There was a problem when the instrumenter witness gave the information about the content of the documentary of deed, because of the differences in position of the instrumenter witness with the witness in general and there is a confidentiality of the notarial deed. The purpose of this  study is to see the differences in the position of the instrumenter witness with the witness in general and how the legal consequences if the instrumenter witness gave the information is out of their duties and responsibilities in formalizing of the notarial deed. The method of this research uses a normative juridical approach by collecting the materials through a literature study. The results showed that the summoning of the instrumenter witness to be a witness in the judicial process was not in accordance to The Law of Notary Position provisions if it's out of the instumenter witness duties and responsibilities in formalizing of the notarial deed, which is related to the reading and signing of the deed.