Validity of Notarial Deeds that are Not Read by the Notary in Front of the Participants and Witnesses When Signing the Deed

Abstract

This study aims to analyze the validity of notarial deeds signed without being read out before the parties and witnesses and to identify obstacles and solutions related to the legal consequences arising from the problem. This study applies a normative legal method to assess the validity of notarial deeds that are not read out in front of the relevant parties during signing. This approach relies on laws and regulations, jurisprudence, and other legal sources. Data were obtained through literature studies, including official documents and legal literature. The analysis was conducted prescriptively to evaluate the legal status of notarial deeds and provide recommendations regarding legal compliance in notarial practices in Indonesia. The legal validity of a notarial deed depends on the fulfillment of formal requirements according to the law, including the reading procedure involving the notary, the person appearing, and witnesses. If these procedures are violated, the deed may lose its authentic status, and the notary may face sanctions. Solutions to this problem include compliance with the Notary Law, providing copies of draft deeds to related parties, and increasing the professionalism and supervision of the Notary Supervisory Board. By complying with these regulations, the rights of all parties and the validity of the deed will be guaranteed.

Keywords: Legal; Notary; Procedure; Sanctions; Validity.