Tanggung Jawab Notaris Terhadap Kerugian Para Pihak Akibat Kesalahan Dalam Pembuatan Akta

Abstract

Abstrak: In the exercise of their office, Notaries are required to act independently, honestly, diligently, meticulously, and impartially, while prioritizing the interests of the parties involved, in accordance with Article 16 paragraph (1) letter a. However, errors in the drafting of authentic notarial deeds remain a frequent occurrence, as evidenced by rulings from the Regional Supervisory Council (MPD) and the Regional Supervisory Council (MPW). The research addresses two key issues: the legal consequences for a deed drafted by a Notary containing an error, and the Notary liability regarding losses suffered by the parties due to such errors. The study employs R. Soeroso’s theory of legal consequences and Hans Kelsen’s theory of legal liability as analytical frameworks.

This study employs a normative-juridical research method supplemented by interviews. The research utilizes statutory, conceptual, analytical, and case-based approaches. Data collection techniques involve identifying and cataloging positive legal regulations, as well as examining literature and other legal sources. Legal material analysis employs grammatical, historical, and systematic interpretation, alongside the method of legal construction.

The study concludes that the legal consequences for a deed executed by a notary containing an error do not necessarily render the deed void or cause it to lose its authentic status. Based on R. Soeroso’s theory of legal consequences, the impact on the deed depends on the nature of the error and its effect on the requirements for the deed's authenticity. Sanctions imposed on the notary must be distinguished from the legal consequences affecting the deed itself; furthermore, a notary’s liability for losses suffered by the parties arises when an error in the performance of their duties can be causally linked to the losses incurred. Drawing on Hans Kelsen’s theory of liability, legal liability arises from the breach of a legal obligation, thereby triggering legal consequences for the party in violation. The study recommends that the Ministry of Law, in collaboration with the Indonesian Notary Association, develop guidelines or a standard deed-review checklist—to be used uniformly by all notaries—as a tool to ensure compliance with the obligation to act with due care and diligence as stipulated in Article 16 paragraph (1) letter a of the Law on the Office of Notary (UUJN). Additionally, the Ministry of Law and the Notary Supervisory Council should formulate more concrete guidelines regarding the legal consequences of notary violations affecting deeds