The validity of the notary's self-safety clause in the notary deed DOI : 10.26905/idjch.v13i3.8616

Jurnal Cakrawala Hukum

article

Natalia Budiman¹  Ni Made Ayu Sekar Kinasig²  Tang Monica Christina Pangandaheng²  Aida Qothrin Nada² 

[1] Faculty of Law, Universitas Airlangga;Master of Notarial Affairs, Faculty of Law, Universitas Airlangga

关键词: Notary;    Personal Security Clause;    Notarial Deed.;   

DOI  :  10.26905/idjch.v13i3.8616

学科分类：社会科学、人文和艺术（综合）

来源: University Merdeka Malang

【 摘 要 】

The results of this study show that the self-security clauses listed by the notary in the deeds did not violate the provisions of laws and regulations, especially the UUJN. That is, the clause is validly stated on the condition that the notary lists the clause based on the statements of the complainants and that the statements or statements and supporting documents as a reference for making a notarial deed are valid, so if in the future it is known that there are wrong things, then the notary can use the clause as a form of effort to secure themselves or as a form of notarial resistance if the notary is used as a witness, the suspect/defendant, the defendant/co-defendant because of the deed he made. Juridically, the notary's self-protection clause does not have the legal force to bind third parties such as prosecutors, public prosecutors, or judges, so the clause cannot provide legal immunity for the notary if the notary can indeed be proven guilty in advance of the court. The clause only applies to notaries who have carried out the position's duties, especially in doing deeds by the provisions of the UUJN and laws and regulations.

【 授权许可】

CC BY