Juridical Study of False Information from the Appellant Used as the Basis for Making an Authentic Notary Deed

Authors

  • Alexandra Pinaka Ardani
  • Ana Silviana

Abstract

Article 1870 of Indonesian Civil Code is binding and perfect evidence, it must be considered true, as long as it cannot be proven otherwise. In fact, authentic deeds made before a notary as a public official sometimes contain false information from interested parties, which results in the notary being involved in criminal cases both as witnesses and suspects so that the notary concerned is disturbed in carrying out his office. Type of normative juridical research with a case approach. This research intends to conceptualize law as what is written in legislation with related literature. The specification of this research is descriptive analytical. For the type of data used in this study is secondary data. Regarding the validity of the authentic deed made on the basis of false statements from the appearers, it can be proven in a court trial, that one of the aspects is not true, then the deed the power of proof is degraded as an underhand deed. In the law on notary, there is no legal protection for notaries except the right to deny.

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Published

2023-03-10