Understanding the Notary Deed

Oct 13, 2025 by windailys.com 20 views

The Power of Proof of the Notary Deed in an Agreement Conducted by the Parties: A Juridical Review of Decision Number 182/Pdt.G/2014/PN PLG

In the realm of Indonesian law, the notary deed plays a crucial role in providing legal certainty and justice for the parties involved in an agreement. The notary deed is an authentic document that is guaranteed by the state, and its power of proof is considered strong. However, despite its strength, the notary deed can be canceled, which can affect its power of proof. In this article, we will examine the power of the proof of the notary deed, especially in the context of the Court Decision Number 182/Pdt.G/2014/PN PLG, and analyze how the notary deed that has been canceled can impact its power of proof.

The Authority and Accountability of Notary

According to the Law of the Notary Position, especially Article 15, the notary has the authority to make authentic deeds related to various matters, such as actions, agreements, and provisions required by law or requested by the interested parties. This authority includes the guarantee of the date of making deed, storage of deed, grosse, copy, and quote deed. It is essential to understand that notary authority is not without limits. The notary is responsible for the deed he made and can be legally accounted for if there are mistakes or violations in its manufacture.

The Power of Proof of Notary Deed

The notary deed, as an authentic deed, has a very strong proof. The power of outward proof, formal proof strength, and material proof strength are all present in the notary deed. The notary deed is formally recognized as a valid document that is guaranteed its validity by the state. It has legal force because it has been made in accordance with the procedures set by the law. The notary deed is considered as a strong evidence of the content and truth listed in it.

In general, the notary deed has a perfect proof strength, unless proven to be fake. This is in accordance with the provisions in Articles 1870, 1871, and 1875 of the Civil Code, which states that the notary deed provides a perfect and binding proof of the truth of its contents.

Canceled Notary Deed

Problems arise when the notary deed which originally had authentic power was canceled. In this case, the deed will change status into a deed under the hand. The deed under the hand has a lower proof strength and the proof is handed over to the judge. This is regulated in Article 1874 and 1984 of the Civil Code.

Analysis of Decision Number 182/Pdt.G/2014/PN PLG

To analyze further regarding the strength of the proof of the notary deed that has been canceled, it is necessary to conduct an in-depth analysis of the Court Decision Number 182/Pdt.G/2014/PN PLG. This analysis can provide a better understanding of how judges judge and interpret the notary deed that has been canceled in the context of proof in court.

The Impact of Canceled Notary Deed on the Power of Proof

The cancellation of the notary deed can have a significant impact on the power of proof. When the notary deed is canceled, its status changes from an authentic deed to a deed under the hand. The deed under the hand has a lower proof strength, and the proof is handed over to the judge. This means that the judge will assess the power of evidence based on other evidence submitted at the trial.

Conclusion

The notary deed plays an essential role in the legal system in Indonesia. The power of strong proof provides legal certainty and justice for the parties. However, it is crucial to understand that the power of the proof of the notary deed can change if the deed is canceled. In this case, the judge will assess the power of evidence based on other evidence submitted at the trial. Therefore, for the parties involved in the agreement, it is essential to understand the legal implications of the notary deed, including the risk of cancellation and its impact on the power of proof.

Recommendations

Based on the analysis of the Court Decision Number 182/Pdt.G/2014/PN PLG, the following recommendations can be made:

Understanding the Notary Deed: It is essential to understand the notary deed and its power of proof. The notary deed is an authentic document that is guaranteed by the state, and its power of proof is considered strong.
Risk of Cancellation: The notary deed can be canceled, which can affect its power of proof. It is crucial to understand the risk of cancellation and its impact on the power of proof.
Assessment of Evidence: When the notary deed is canceled, the judge will assess the power of evidence based on other evidence submitted at the trial. It is essential to understand how the judge will assess the evidence and what factors will be considered.
Legal Implications: The notary deed has legal implications, including the risk of cancellation and its impact on the power of proof. It is essential to understand these implications and how they can affect the parties involved in the agreement.

By understanding the power of proof of the notary deed and its implications, parties involved in an agreement can make informed decisions and take necessary steps to protect their interests.
Frequently Asked Questions (FAQs) about the Power of Proof of the Notary Deed

In our previous article, we discussed the power of proof of the notary deed in an agreement conducted by the parties, with a focus on the Court Decision Number 182/Pdt.G/2014/PN PLG. In this article, we will answer some frequently asked questions (FAQs) about the power of proof of the notary deed.

Q1: What is the power of proof of the notary deed?

A1: The power of proof of the notary deed is its ability to provide strong evidence of the content and truth listed in it. The notary deed is an authentic document that is guaranteed by the state, and its power of proof is considered strong.

Q2: What are the types of proof of the notary deed?

A2: There are three types of proof of the notary deed:

Outward proof: The notary deed is formally recognized as a valid document that is guaranteed its validity by the state.
Formal proof strength: The notary deed has legal force because it has been made in accordance with the procedures set by the law.
Material proof strength: The notary deed is considered as a strong evidence of the content and truth listed in it.

Q3: Can the notary deed be canceled?

A3: Yes, the notary deed can be canceled. When the notary deed is canceled, its status changes from an authentic deed to a deed under the hand. The deed under the hand has a lower proof strength, and the proof is handed over to the judge.

Q4: What happens when the notary deed is canceled?

A4: When the notary deed is canceled, the judge will assess the power of evidence based on other evidence submitted at the trial. The judge will consider the content and truth listed in the notary deed, as well as any other evidence submitted by the parties.

Q5: How does the Court Decision Number 182/Pdt.G/2014/PN PLG relate to the power of proof of the notary deed?

A5: The Court Decision Number 182/Pdt.G/2014/PN PLG is a case that involved the cancellation of a notary deed. The court decision analyzed the power of proof of the notary deed and its implications for the parties involved in the agreement.

Q6: What are the implications of the cancellation of the notary deed?

A6: The cancellation of the notary deed can have significant implications for the parties involved in the agreement. The parties may need to provide additional evidence to support their claims, and the judge may assess the power of evidence based on other evidence submitted at the trial.

Q7: How can parties protect their interests when the notary deed is canceled?

A7: Parties can protect their interests by:

Understanding the notary deed: Understanding the notary deed and its power of proof is essential to protecting one's interests.
Providing additional evidence: Providing additional evidence to support one's claims can help to strengthen one's position in court.
Seeking legal advice: Seeking legal advice from a qualified attorney can help to ensure that one's rights are protected.

Q8: What is the role of the judge in assessing the power of evidence?

A8: The judge plays a crucial role in assessing the power of evidence in court. The judge will consider the content and truth listed in the notary deed, as well as any other evidence submitted by the parties. The judge will then assess the power of evidence based on the evidence submitted at the trial.

Q9: Can the power of proof of the notary deed be affected by other factors?

A9: Yes, the power of proof of the notary deed can be affected by other factors, such as:

The quality of the notary deed: The quality of the notary deed can affect its power of proof.
The evidence submitted by the parties: The evidence submitted by the parties can affect the power of proof of the notary deed.
The court's interpretation of the law: The court's interpretation of the law can affect the power of proof of the notary deed.

Q10: What is the significance of the power of proof of the notary deed in Indonesian law?

A10: The power of proof of the notary deed is significant in Indonesian law because it provides a strong evidence of the content and truth listed in it. The notary deed is an authentic document that is guaranteed by the state, and its power of proof is considered strong. The power of proof of the notary deed can have significant implications for the parties involved in an agreement, and it is essential to understand its implications to protect one's interests.