Analysis of the Notary's Principle of Prudence in Making Deeds to Avoid Occurrence of False Information in Making a Deed of Inheritance Information (Case Study on Court Decision Number 121/PID/2017/PT.DKI)

Abstract

Notaries in carrying out their honorable duties and positions are required to be careful and consistent in implementing them in accordance with the Laws and Regulations in the field of Notary based on professionalism and good faith. The Principle of Notary Care in carrying out their position to make Authentic Deeds is one of the most important principles that must be applied or implemented by Notaries. so that there are no errors or legal defects in making authentic deeds, because the deeds made by Notaries must be accounted for to the public. The method used in this study is Normative Legal Research and, The approach method used in this study includes several approaches, namely; 1). Statutory Approach, 2). Conceptual Approach, 3). Analytical Approach, The types and sources of data contained in this study use Secondary data. Secondary data consists of three legal materials, namely: 1) primary legal materials, 2) secondary legal materials and 3) tertiary legal materials, The method of data collection in this study uses a literature study conducted on legal materials, Data analysis in this study is prescriptive. The results of this study obtained the following conclusions: 1). To prevent criminalization of the application of the Notary's Principle of Caution in recognizing the identity of the person appearing, it is necessary to seek the truth to minimize the possibility of problems in the future. Provide legal counseling on the Legal Consequences if the person appearing provides false information. 2). The legal consequences for Notaries who do not apply the Principle of Caution in recognizing the persons appearing by looking at their legal actions first, if the error comes from the persons appearing, the deed can be degraded to a deed under hand. If the error is from the Notary, the Notary will be sanctioned.