Unlawful Acts of Notary Officials in Making Deeds Whose Signatories Are Not Before a Notary

DOI

10.2991/978-2-38476-218-7_103How to use a DOI?

Keywords

Unlawful; Acts Notary; Deed Signature

Abstract

The creation of legitimate deeds is one of a notary officer's primary responsibilities. Notaries are constrained by the formats and procedures that have been established by rules and laws when creating genuine deeds. If the deed is not in compliance with the ruling, the deed will be subject to legal consequences. In order for a deed to be considered authentic, it is necessary for the parties signing it to be in front of the appropriate notary public. This requirement is set forth in the legislation; if it is not followed, the notary public will not follow certain regulations. Because the Notary Officer broke the law and caused harm to others, it might be said that they did an Unlawful Act (the facers). Therefore, more research is required to determine the legal ramifications for notaries who conduct crimes as well as the ramifications for deeds whose signatures are not in front of notary officials. Through the processing of data from primary, secondary, and tertiary legal documents, this sort of research is normative juridical employing secondary data. Qualitative analysis of data gathering methods for document studies. The study's findings have led to the understanding that a deed that is signed without the presence of a notary public bears the same legal consequences as a deed that is signed in person. Stated differently, the deed has lost its authenticity. The party who feels wronged by the notary's creation of the deed may then file a lawsuit or civil claim with the court to demand payment of costs, damages, and interest to the notary in question. This is the notary's responsibility for unlawful acts in making a deed whose signing is not before a notary official. The Notary Regional Supervisory Board may also impose ethical punishments on the Notary Public.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Septian Fujiansyah
AU  - Hasim Purba
AU  - Utary Maharany Barus
AU  - Maria Kaban
PY  - 2024
DA  - 2024/02/22
TI  - Unlawful Acts of Notary Officials in Making Deeds Whose Signatories Are Not Before a Notary
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 617
EP  - 623
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_103
DO  - 10.2991/978-2-38476-218-7_103
ID  - Fujiansyah2024
ER  -