Legal Validity of Notary Descriptions Made with Incorrect Documents Data

Hardjo, David (2021) Legal Validity of Notary Descriptions Made with Incorrect Documents Data. Doctoral thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

The presence of a Notary Deed in the community is very important, especially in business transactions, as well as for other purposes. Notary deed is a very strong legal evidence compared to other written evidence. The importance of a Notary deed as a strong evidence is due to its authenticity which cannot be found in other written evidence. However, not a few notary deeds have been sued by other parties, which are caused by incorrect document data and or incorrect information from the notary public. Problems related to this are firstly whether the deed is legally valid as an authentic deed, and secondly related to the extent to which the Notary is responsible for the deed made based on the data documents and/or false or falsified information. This type of research is normative legal research using secondary legal materials, with descriptive analysis techniques which are expected to provide answers to problems satisfactorily. The analysis is based on the theories and concepts used in this study. Based on the analysis of the problems in this dissertation research, the results of the research can be concluded, that the notarial deed made on the basis of incorrect document data, and/or false or falsified information remains valid according to law, as long as it is made with the correct procedure, and also not abuse of power occurs. Because in making the deed, the Notary Notary has no obligation to verify or investigate related to document data and or information from the appearers. Therefore, the Notary is not responsible for the contents of the deed made with incorrect document data, and or false or falsified information, and it is the full responsibility of the parties who appear and ask the Notary to make a deed. In other words, if there is a lawsuit or questions about the truth of the contents of the deed, it is the responsibility of the appearing party who submitted incorrect document data or false information, in this case it is the appearing party. Keywords : Notary Deed, Incorrect Document Data, Legal Validity, Responsibility

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