Responsibility of a Notary Public Towards a Forged Deed of Decision of the Shareholders Meeting (Example of the Cases of Banten High Court Number 9/PID/2019/PT.BTN)

DOI

10.2991/assehr.k.201209.129How to use a DOI?

Keywords

Notaries, Responsibilities, Forgery

Abstract

The responsibilities carried out by the Notary Public are civil, criminal, administrative and code of conduct responsibilities so that in practice there are several laws and regulations governing the Law of Notary Position, Minister of Law and Human Rights Regulations and Notary Ethics Code, also the Criminal Code related to the abuse of authority of public officials in making the deed. If a Notary violates a provision, then the Notary will be subject to sanctions. One example of a notary action that is subject to sanctions is forgery of a deed done by Notary R. Meliani Rahmawati. This attracts the attention of the writer, because the laws and regulations have set the act with sanctions in such a way but are felt to lack a deterrent effect. Notary R. Meliani R. was charged with criminal liability, which was subject to imprisonment for 10 (ten) months, but was not charged with civil liability because the court refused to compensate for material damages by the Notary Defendant. The supervision carried out by the Notary Supervisory Board in this case is also felt to be inadequate in paying attention to the decisions handed down by the court as it is one of the elements for the Notary to be dishonorably discharged. Knowing that her actions will be detrimental to a company, the Notary deserves to be held materially accountable and the Notary Supervisory Board should pay attention to the court’s decision as the executor of oversight of the Notary.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Candy Paula Adventia Haezera
AU  - Tjempaka
PY  - 2020
DA  - 2020/12/12
TI  - Responsibility of a Notary Public Towards a Forged Deed of Decision of the Shareholders Meeting (Example of the Cases of Banten High Court Number 9/PID/2019/PT.BTN)
BT  - Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)
PB  - Atlantis Press
SP  - 822
EP  - 825
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201209.129
DO  - 10.2991/assehr.k.201209.129
ID  - Haezera2020
ER  -