Abstrak :
Notaries as public officials are guided by Law Number 2 of 2014 concerning
Amendments to Law Number 30 of 2004 concerning the Position of Notaries,
hereinafter referred to as UUJN. Notaries in exercising their authority, especially in
making authentic deeds, must apply the precautionary principle. The principle of
prudence is one of the most important principles that must be applied or carried out
by Notaries in carrying out their duties as public officials. The precautionary principle
requires Notaries to always be careful in carrying out their official duties, in the sense
that they must always be consistent in implementing laws and regulations in the
notarial sector based on professionalism and good faith.
This research aims to analyze the application of the precautionary principle in
criminal acts of forgery in Decision Number 261/Pid.B/2021/PN Idm and the legal
consequences for Notaries who violate the precautionary principle. This research uses
a normative juridical method with prescriptive research specifications. The writing
uses secondary data sources in the form of primary legal materials, secondary legal
materials, and tertiary legal materials. The data collection method uses library
research and is presented in the form of descriptive narrative text. The data is analyzed
normatively and qualitatively.
The application of the principle of prudence in the preparation of a Deed of Sale
and Purchase Agreement made by a Notary does not yet have a direct regulation in
the Notary's Position Law, but is only implied in the provisions of Article 16 paragraph
(1a) UUJN. Then the legal consequences for Notaries who violate the precautionary
principle in the act of forgery of authentic deeds in Decision Number
261/Pid.B/2021/PN Idm can be in the form of criminal sanctions as regulated in
Article 264 Paragraph (1) of the Criminal Code, with the threat of a maximum prison
sentence of eight (8) years. Apart from criminal sanctions, notaries can also be subject
to sanctions, both civil and administrative.
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