Pertanggungjawaban Pidana Notaris yang Merenvoi Akta Otentik Tanpa Sepengetahuan para Pihak (Studi Putusan Nomor 233/PID.B/2016/PN SMR)

Abstract

The status of a Notary as a public official. indicating the authority of a Notary, is not granted to other officials. A notarial deed essentially contains what has truly been understood in accordance with the willing as told by all concerned parties to a Notary. Practically, when a notarial deed is disputed by all or third parties, the Notary is frequently reported to have taken part or facilitate a criminal offense, all parties or persons appearing occasionally provide false information or untruthful statements to the Notary. Can the Notary then be held liable according to the criminal law? This research delves into how Renvoi is arranged in the practice of drawing up notarial deeds, how about the prevention efforts, legal consequences and legal protection against renvoi in a notarial deed whose minutes are signed by the parties, and how about criminal liability of the notary with regard to the renvoi deed drawn up unbeknownst to the parties involved in the ruling number 233/PID.B/2016/PN SMR. Amendments or corrections to a Notarial Deed are known as Renvoi and are governed by Articles 48 through 51 of UUJN. Any corrections or amendments to the deed must be made with the knowledge. approval and certification of both parties, as the contents of the deed reflect the intent and will of the parties themselves , not the nota1y. In practice , there are still notaries who commit.fraud to the detriment of one party, as in the case of Ruling Number 233/Pid.B/2016/PN Smr, Notary Khairu Subhan, SH., bin. H. Nuktah A,fawie Kurdi has amended the contents of the minutes of the Extraordinary General Meeting of Shareholders of PT Karya Putra Borneo (KPB) Number 51 dated July 15. 2010 resulting in injuries and loss of rights of either party. Renvoi that is not in accordance with UUJN ultimately creates legal uncertainty for the parties. This practice not only violates the notary's oath of office, but also classifies the nota,J' into the one not prforming duties in good faith. referring to an unlawful act for deliberately forging a deed.