Juridical Implications on Notary Acts Signed by Circular

Abstract

This study analyses a notary's primary authority and responsibilities in making a deed and the legal consequences of a circularly signed notary deed. This normative legal research examines primary, secondary and tertiary legal materials. Legal materials are collected by document study and analyzed normatively and prescriptively. From the results of the investigation, it is known that the essential authority and responsibility of a notary are based on attribution authority through the Notary Office Law, specifically, Article 15, paragraph 1, that a notary authorized to do authentic deeds regarding all actions, agreements, and provisions required by laws and regulations. The notary has civil, criminal and administrative responsibilities based on this authority. Arrangements for signing the deed are regulated in Article 16, paragraph 1-m, in conjunction with Article 44, paragraph 1 of the Notary Office Law, that the signing is carried out immediately after the notary reads the deed to the parties. Based on the research results, it cannot be denied that the parties often do not appear before the notary to sign the deed simultaneously for various reasons. This resulted in the degradation of the authenticity of the act from an authentic deed to a private deed by the contents of Article 16, paragraph 9, in conjunction with Article 44, paragraph 5, Notary Office Law. The process of formalizing an act determines its authenticity, so violations of these provisions are included in defining defects in form because they do not fulfil the formal aspects of doing a deed.