Persoalan Etis Notaris Terhadap Perubahan Isi Akta Tanpa Sepengetahuan Para Pihak Ditinjau Dari Undang - Undang Jabatan Notaris.

Abstract

Notaries in carrying out their duties are required to act trustworthy, honest, careful, independent, impartial and safeguard the interests of the parties involved in legal acts. considering that there are often legal problems arising from the notary from the presence of intentional elements and the absence of intentional elements such as changing the contents without the knowledge of the parties which results in the notary experiencing administrative sanctions, the Criminal Code, the Civil Code to the revocation of the Notary Decree. The provision of changing the contents of the AKTA is one of the violations of the code of ethics because the function of the notary code of ethics is not only to regulate the behavior of notaries normatively but also to determine what is good and what is bad, what should be done and what should not be done in carrying out duties, positions and behavior.

So that to prevent crimes that can plunge notaries into legal problems, it is necessary to improve the ethics and morals of the notary profession and it is necessary to regulate in depth the Notary Position Law. The legal issues studied in this research are about a problem that is being researched in this study using normative juridical research methods, therefore the problem is to find out the ethics of the notary profession in notary liability for changes in the contents of the deed without the knowledge of the parties in terms of the notary office law. the research approach consists of a legislative approach, and a case approach.

From the results of this study, it is concluded that the notary's negligence causes legal defects or does not meet the formal requirements and must be held morally responsible and can be sued to provide compensation to the injured party due to the notary's negligence in the deed he made. The responsibility of a notary based on the Law of Notary Position Article 65 is that the Notary has responsibility for the deed he issued even though the notary protocol has been submitted to the protocol recipient. thus the responsibility of the notary must adhere to the principle of prudence of a notary (principle of prudent notarius), the principle of not exceeding the limits of authority (principle of ultra vires), the principle of knowing the client (principle of knowing your customer) and the principle of identifying documents in the form of writing, content, legality (principle of identity for validity).

The legal consequences of changing the contents of the deed without the knowledge of the parties based on the provisions of the Notary Position Law Article 65 letter A, namely the responsibilities and obligations of notaries in carrying out their work, the procedures for providing administrative sanctions are carried out directly by agencies that have the authority to impose sanctions. as well as legal consequences that contain elements of the Criminal Code, the notarial deed can be requested to be canceled to the notary concerned and can be held accountable in the Civil Code.