Entrusted Money Embezzlement by the Notary on the Making of Cooperation Agreement

DOI

10.2991/assehr.k.220404.025How to use a DOI?

Keywords

Notary; Entrusted Money; Arduous Embezzlement; Notary Responsibility

Abstract

This article aims to examine the responsibility of the Notary who embezzled entrusted money owned the agreement parties in the District Court Decision No. 29/PID.B/2020/PN PWK. The Notary who received the entrusted money has violated Article 52 Paragraph (1) of the UUJN, because the Notary is indirectly a party to the entrusted agreement. This study showed that if the Notary made the deed for himself, then the authentic deed was degraded its evidentiary strength into an private deed and the Notary could be sued to reimburse fees, interest and losses (Article 52 Paragraph (3) UUJN). In addition, the Judge on Court Decision No. 29/PID.B/2020/PN.Pwk has made a mistake in making a decision, which the Notary should have been punished based on Article 374 of the Criminal Code regarding arduous embezzlement, not the ordinary embezzlement. This conclusion is based on the fact that the Notary has received the money because he holds the position of a Notary who is highly trusted and is considered as a neutral party by the appearers. Besides, based on Article 12 UUJN jo. Article 374 KUHP, the Notary who commits arduous embezzlement can be given office sanctions ranging from a written warning to dishonorable discharge.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Melyana Melyana
AU  - Ariawan Ariawan
PY  - 2022
DA  - 2022/04/21
TI  - Entrusted Money Embezzlement by the Notary on the Making of Cooperation Agreement
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 158
EP  - 165
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.025
DO  - 10.2991/assehr.k.220404.025
ID  - Melyana2022
ER  -