The Importance of Notary Obligations

Oct 13, 2025 by windailys.com 110 views

The Legal Consequences of Making Authentic Deeds that Do Not Meet the Notary Obligations: An Analysis of Decision Number 09/Pdt.G/2010/PN MBO

Introduction

The notary position plays a vital role in providing legal services to the community. Authentic deeds made by notaries are state documents that have strong legal force. The Notary Position Law (UUJN) regulates the rules regarding obligations, authority, and prohibition in carrying out their duties as notaries. However, violations of the UUJN, such as sending minuta deeds to other parties to be signed, can harm the community and harm the integrity of the notary profession. This study aims to analyze the legal consequences of making authentic deeds that do not meet the notary obligations, by reviewing decision number 09/Pdt.G/2010/PN MBO as a case example.

The Importance of Notary Obligations

Notaries have a crucial role in ensuring legal certainty, order, and legal protection. According to Hans Kelsen's responsibility theory, every legal subject has legal responsibilities that are in line with their obligations. In the context of a notary position, this legal responsibility is manifested in making authentic deeds that aim to ensure legal certainty, order, and legal protection. Notaries must be aware of their obligations and commit to carrying out their duties in accordance with the provisions of the UUJN.

The Normative Juridical Method

This study uses a normative juridical method with an analytical descriptive approach, using secondary data. The results showed that although Law No. 30 of 2004 concerning Notary Position had regulated the notary obligations in making authentic deeds, there were still violations in the field. These violations can occur due to an emotional relationship between the notary and the client, or because the client is a close friend of the notary, so that it has the potential to cause violations of the notary obligations.

The Case of Decision Number 09/Pdt.G/2010/PN MBO

In the decision number 09/Pdt.G/2010/PN MBO, Notary was declared violating his obligations by sending the Minuta Deed to the client. As a result, a Certificate of Paying Debt (SKMHT) Number: 103/2009 made by a notary was declared null and void and considered to have never existed. Authentic deeds made into a deed under the hand. The notary was declared violating Article 16 paragraph (1) letter l UUJN because he was not careful in carrying out his duties. This caution allows clients to falsify the deed. Therefore, the notary remains responsible for SKMHT Number: 103/2009 which he made because the making of the SKMHT contains elements of falsity and is contrary to the law.

The Importance of Awareness and Commitment

This study shows the importance of awareness and commitment of the notary to carry out their duties in accordance with the provisions of the UUJN. Emotional relationships and closeness with clients should not be a factor that ignores the obligation of notaries in maintaining integrity and validity of authentic deeds. Notaries must be aware of their obligations and commit to carrying out their duties in accordance with the provisions of the UUJN.

Conclusion

In conclusion, this study highlights the importance of notary obligations in making authentic deeds. Notaries must be aware of their obligations and commit to carrying out their duties in accordance with the provisions of the UUJN. Emotional relationships and closeness with clients should not be a factor that ignores the obligation of notaries in maintaining integrity and validity of authentic deeds. The case of decision number 09/Pdt.G/2010/PN MBO serves as a reminder of the importance of notary obligations and the consequences of violating them.

Recommendations

Based on the findings of this study, the following recommendations are made:

Notaries must be aware of their obligations and commit to carrying out their duties in accordance with the provisions of the UUJN.
Emotional relationships and closeness with clients should not be a factor that ignores the obligation of notaries in maintaining integrity and validity of authentic deeds.
Notaries must be careful in carrying out their duties and ensure that the authentic deeds they make are valid and authentic.
The government and the notary profession must work together to ensure that notaries are aware of their obligations and commit to carrying out their duties in accordance with the provisions of the UUJN.

Limitations of the Study

This study has several limitations. Firstly, the study only analyzed one case, decision number 09/Pdt.G/2010/PN MBO. Secondly, the study only used secondary data. Therefore, the findings of this study may not be generalizable to other cases.

Future Research Directions

Future research directions include:

Conducting a study on the notary profession in Indonesia, including the challenges faced by notaries and the ways in which they can improve their services.
Conducting a study on the impact of emotional relationships and closeness with clients on notary obligations.
Conducting a study on the ways in which notaries can maintain integrity and validity of authentic deeds.

References

Law No. 30 of 2004 concerning Notary Position.
Decision Number 09/Pdt.G/2010/PN MBO.
Hans Kelsen's responsibility theory.
Notary Position Law (UUJN).

Appendix

List of notaries in Indonesia.
List of notary offices in Indonesia.
List of notary associations in Indonesia.

Index

Index of notary obligations.
Index of notary duties.
Index of notary responsibilities.

Glossary

Glossary of notary terms.
Glossary of legal terms.
Glossary of notary profession terms.
Q&A: The Legal Consequences of Making Authentic Deeds that Do Not Meet the Notary Obligations

Q: What are the notary obligations in making authentic deeds?

A: Notaries have a crucial role in ensuring legal certainty, order, and legal protection. According to Hans Kelsen's responsibility theory, every legal subject has legal responsibilities that are in line with their obligations. In the context of a notary position, this legal responsibility is manifested in making authentic deeds that aim to ensure legal certainty, order, and legal protection.

Q: What are the consequences of violating notary obligations?

A: Violating notary obligations can result in serious consequences, including the nullification of authentic deeds and the loss of integrity and validity of the notary profession. In the case of decision number 09/Pdt.G/2010/PN MBO, the notary was declared violating his obligations by sending the Minuta Deed to the client, resulting in the nullification of the Certificate of Paying Debt (SKMHT) Number: 103/2009.

Q: What are the factors that contribute to notary obligations violations?

A: Emotional relationships and closeness with clients are factors that can contribute to notary obligations violations. Notaries may be tempted to compromise their duties and responsibilities in order to maintain a good relationship with their clients.

Q: How can notaries maintain integrity and validity of authentic deeds?

A: Notaries can maintain integrity and validity of authentic deeds by being aware of their obligations and committing to carrying out their duties in accordance with the provisions of the Notary Position Law (UUJN). They must also be careful in carrying out their duties and ensure that the authentic deeds they make are valid and authentic.

Q: What is the role of the government and the notary profession in ensuring notary obligations are met?

A: The government and the notary profession must work together to ensure that notaries are aware of their obligations and commit to carrying out their duties in accordance with the provisions of the UUJN. This can be achieved through education and training programs, as well as regular monitoring and evaluation of notary performance.

Q: What are the implications of notary obligations violations for the community?

A: Notary obligations violations can have serious implications for the community, including the loss of trust in the notary profession and the potential for fraudulent activities. It is essential that notaries take their duties and responsibilities seriously and maintain the integrity and validity of authentic deeds.

Q: How can individuals ensure that they are dealing with a reputable and trustworthy notary?

A: Individuals can ensure that they are dealing with a reputable and trustworthy notary by researching the notary's credentials and experience, checking for any disciplinary actions or complaints, and verifying the notary's qualifications and certifications.

Q: What are the future research directions in this area?

A: Future research directions include conducting a study on the notary profession in Indonesia, including the challenges faced by notaries and the ways in which they can improve their services. Additionally, research can be conducted on the impact of emotional relationships and closeness with clients on notary obligations, as well as the ways in which notaries can maintain integrity and validity of authentic deeds.

Q: What are the practical implications of this study for notaries and the community?

A: The practical implications of this study are that notaries must be aware of their obligations and commit to carrying out their duties in accordance with the provisions of the UUJN. Additionally, the community must be aware of the importance of dealing with reputable and trustworthy notaries in order to maintain the integrity and validity of authentic deeds.

Q: What are the limitations of this study?

A: The limitations of this study include the fact that it only analyzed one case, decision number 09/Pdt.G/2010/PN MBO, and only used secondary data. Therefore, the findings of this study may not be generalizable to other cases.

Q: What are the recommendations for future research?

A: The recommendations for future research include conducting a study on the notary profession in Indonesia, including the challenges faced by notaries and the ways in which they can improve their services. Additionally, research can be conducted on the impact of emotional relationships and closeness with clients on notary obligations, as well as the ways in which notaries can maintain integrity and validity of authentic deeds.