Skripsi

KEWAJIBAN NOTARIS UNTUK MENELITI IDENTITAS BERDASARKAN KEWENANGAN BERTINDAK PIHAK PENGHADAP DALAM PEMBUATAN AKTA PERJANJIAN PENGIKATAN JUAL BELI (STUDI PUTUSAN NOMOR 371 /PID.B/2021/PN.JKT.SEL.)

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Penilaian

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A notary has the task of presenting an authentic deed as strong evidence in the course of legal relations. In every case involving a Notary, there is always the possibility that the Notary can be charged by court or charged with committing a criminal offense if the criminal elements are met. There is an example of a case in Decision Number 371 /Pid.B/2021/PN.Jkt.Sel, regarding the criminal act of jointly committing false information into an authentic deed. The easier it is for a document to be falsified, the greater the possibility of the Notary being involved in a legal case, because the Notary only bases the making of the deed on the correctness of the document or formal correctness. Meanwhile, the material truth rests with the parties and the legal product brought before the Notary. The body of the deed is required to contain data on the opposing party. The Notary knows the person appearing based on the written identity shown to him, and from this written identity the Notary can decipher information about the person appearing. However, the rapid advances in technology today do not rule out the possibility of misuse of identity cards. Meanwhile, Notaries do not yet have access to check identity in the form of an Electronic Identity Card (KTP-el) which can minimize this misuse.Meanwhile, the Notary must guarantee that the applicant's data belongs to the applicant. This research aims to explain the obligation of a notary to examine identity, based on the authority to act of the party facing the party in making the Sale and Purchase Agreement deed in Decision Number 371/Pid.B/2021/PN.Jkt.Sel., analyzing the contents of decision Number 371/Pid.B/2021/PN. Jkt. Cell, in connection with the occurrence of falsification of identity by the parties involved in making the Sale and Purchase Agreement deed, and analyzing future arrangements regarding the Notary's obligations to prevent legal problems in making the Sale and Purchase Agreement deed. This research is normative research which prioritizes secondary data, is descriptive-analytic in nature and uses a Conceptual Approach, Case Approach, and Futuristic Approach.The results of this research are that notaries have carried out their obligation to examine identity based on the authority to act on the part of the person facing them with the principle of recognizing service users as a form of prudence. as regulated in Article 16 paragraph ( 1) letter a UUJN, notaries cannot be subject to sanctions. The author analyzes based on the decision that the form of error committed by the defendant was intentional. The Defendant deliberately committed the crime of Fraud and, according to the author, the sentence assigned to the Defendant in this Decision was appropriate, with no excuse found that could eliminate the error in the Defendant's criminal act and there were at least 2 (two) conditions that were not met. In future arrangements, electronic-based methods are needed that can make it easier for Notaries to achieve service effectiveness. This can be done by synergizing with the Directorate General of Population and Civil Registration (DUKCAPIL), by providing access to Notaries to check or verify e-KTPs online into DUKCAPIL data. Keywords: Identity, Authority, Deed of Agreement, Prudential Principle

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Availability

Inventory Code	Barcode	Call Number	Location	Status
2507002241	T170796	T1707962025	Central Library (Reference)	Available but not for loan - Not for Loan

Detail Information

Series Title

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Call Number

T1707962025

Publisher

Palembang : Prodi Magister Kenotariatan, Fakultas Hukum Universitas Sriwijaya., 2025

Collation

xi, 151 hlm.; 29 cm.

Language

Indonesia

ISBN/ISSN

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Classification

297.273 07

Content Type

Text

Media Type

-

Carrier Type

-

Edition

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Subject(s)

Hukum jual beli

Specific Detail Info

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Statement of Responsibility

MI

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