The Legal Position of Notarial Deeds That Include an Exoneration Clause

Abstract

This thesis discusses the application of the Legal Position of Notarial Deeds Which Include an Exoneration Clause. In many jurisdictions, agreements made by a notary have strong legal standing and are valid. Notaries have a role as public officials who have the authority to create and issue certain legal documents, including agreements, which are known as authentic deeds. An exoneration clause is a clause that reduces or limits the responsibility of one party in an agreement. However, legal provisions regarding exoneration clauses may vary in each jurisdiction. The problems in this thesis are 1) the legal position of a Notary's deed which is made by a notary and which contains an exoneration clause. 2) the Notary's responsibility for making a Deed which contains an exoneration clause. The aim of this research is to find out and analyze the obstacles and solutions to the application of exonerations clauses to notarial deeds. The method used in this research is an empirical juridical approach. This research specification uses descriptive analysis. The type and source of data used in this research is primary data, namely from interviews, while secondary data was obtained through literature study. The data collected in this research was divided into 2 (two), namely primary data collection which was carried out by interviews and secondary data collection which was carried out by collecting data contained in statutory regulations, articles, books and so on. The data analysis method used in analyzing the data is qualitative analysis. The inclusion of an exoneration clause in a deed made before a Notary does not significantly affect the legal position of the Notary, except for special deeds made by him. However, if the Notary chooses to still include the exoneration clause in the deed, it is not wrong and does not make the Notary vulnerable or weak. A Notary's responsibility is only limited to formal truth in an authentic deed made by him. The notary does not have the responsibility to assess the material truth of the information he obtains from the parties. The responsibility of a Notary is based on the authority, substance and procedure for making the deed made by him