Jurnal IUS (Apr 2016)

NOTARY RESPONSIBILITY WHO HAS ENDED HIS TENURE ON NOTARY’S PROTOCOL AND DEED

  • Ahda Budiansyah

DOI
https://doi.org/10.12345/ius.v4i1.289
Journal volume & issue
Vol. 4, no. 1

Abstract

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Purpose of this research is to know responsibility in criminal and private law notary’s protocol and deed. This research use normative method thorough statute approach and conceptual approach. Liability in private law is based on wrongful act in accordance with Article 15 UUJN Jo Article 1365 Indonesia Civil Code (KUHPerdata) with the burden of proof to plaintiff to deed which get degradation from authentic deed to be unregistered deed base on wrongful act, compensation, and causality in action and tort between notary and injured party. While responsibility in criminal law base on wrongful law thorough there is intentional and negligence. Responsibility from criminal act, such as falsification of letter or document, is accordance with Article 263 and Article 264 KUHP and embezzlement if breaking Article 372, 374 KUHP or false information under oath accordance with Article 242 KUHP. Obligation for saving protocol and deed as a part of his obligation is accordance with Article 16 subsection (1) letter b and e UUJN Jo Article 63, 65 and article 63 subsection (5) UUJNKeyword: Responsibility, notary, protocol, and deed.

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