Responsibility of the Notary for the False Identity of the Petitioner on the basis of which the Deed is Drawn Up

Abstract

This study aims to find out and analyze the responsibility of a notary against the fake identity of the applicant which forms the basis for making the deed, to find out the legal consequences for the fake identity used as the basis for making the deed. The approach method in this thesis is Normative Juridical Research, namely: Normative Juridical Research, namely research that examines and is guided by various applicable laws and regulations. The results of research that researchers have done, that 1). Responsibilities of the Notary Against the False Identity of the Applicant Used as the Basis for Making the Deed are as follows: a). Civil Notary Responsibilities That all regulations regulated in the UUJN only provide sanctions for violations of formal notaries, for example the rules for issuing certificates and others. But, the notary also has responsibility for the material in the deed he issued. On the notary's authority in providing legal advice to appearers (Article 15 letter e UUJN). The notary has responsibility from a civil perspective in the material truth in the deed he publishes. b). The Notary's Criminal Responsibility that a criminal act is an act that is not permitted by a legal regulation, the prohibition is followed by a threat, namely a sanction that has a certain criminal form for anyone who commits the violation. In carrying out his position as a Notary, the crime in question is a crime carried out by a Notary as a public official who has the authority to issue authentic deeds regulated in UUJN. c). Notary Responsibilities based on UUJN Article 65 UUJN states that the Notary has responsibility for the deed issued even though the Notary protocol has been submitted to the recipient of the protocol d). Responsibilities of a Notary based on the Code of Ethics As a public official, a Notary in carrying out his duties cannot be separated from ethics. 2). Legal Consequences for Notarial Deeds Made Based on False Statements, namely that a Notary deed which has the power of proof as a private deed, if it is stated explicitly in the relevant article and which is not stated explicitly in the relevant article, including as a deed becomes null and void by law .

Keywords: Authentic; Deed; Identity; False.