Legal Protection for Notaries for Forgery of Documents by Clients in Making Authentic Deeds in Nganjuk Regency (Study of the Decision of the Supreme Court of the Republic of Indonesia Number: 20 PK/PID/2010)

Abstract

The deed made by the Notary is a deed of the parties (partij akte) where in fact the Notary only expresses or formulates the wishes of the parties in the Notary's deed so that in fact the contents of the deed are not the Notary's will, but investigators often argue and then accuse the Notary that the Notary has ordered client or presenter to enter false information into an authentic deed (notarial deed), in fact the Notary has absolutely no authority to order the client to do anything when appearing before the Notary. There have also been cases where Notaries have been accused of having ordered clients or presenters to enter false information into the deed made by the Notary himself, even though if the Notary had done that, it would have been possible that in the future the Notary would have been accused of having entered false information into an authentic deed or falsify the deed. Notaries require legal protection that protects Notaries from forgery of documents carried out by Clients to make authentic deeds. The purpose of this research is to find out and analyze legal protection for Notaries for document falsification carried out by clients in making authentic deeds in Nganjuk Regency (Study of the Decision of the Supreme Court of the Republic of Indonesia Number: 20 PK/PID/2010). This research method is a Normative legal research method. The approach in this research uses a case approach and a statutory approach. The data required includes primary data, namely consisting of the 1945 Constitution; Law Number 2 of 2014; Criminal Code; Criminal Procedure Code; Code of Civil law; Notary Code of Ethics, as well as secondary and tertiary data containing books and other supporting documents. Taken using the data collection method by means of literature study. The data analysis method uses qualitative methods. Based on research, it was concluded that in the Case Decision of the Supreme Court of the Republic of Indonesia Number 20 PK/PID/2010 the Judge stated that the Defendant's actions were proven to have committed a criminal act. The notary should refuse to make the proposed deed because he knows about the situation that occurred in the YPCU. A notary should never rely solely on or trust a client or presenter even if the client or presenter is a close friend. Notaries must be intelligent, careful, careful and neat in making deeds related to legal aspects which are legal acts contained in the deed.