Karya Ilmiah

DISERTASI (178) - Konsep Malpraktek dan Deliberate Dishonesty Dalam Pelaksanaan Tugas Notaris

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Paragraph (1) of Article 1 of the Indonesian Notary Law states that: "A
notary is a public official authorized to produce authentic deeds, as well as to
perform other tasks stated by this statute or other laws (of Indonesia)". A notary
must also perform his tasks according to the Notary's Ethical Codes. A notary in
performing his job must fulfill the concept of Verlijden, which means to compose,
read, and sign the deed. In practice, the deeds made by notaries oftentimes violate
what is set by the law. Notary shall be responsible for the deed he had done, the
basic concept is based on the responsibility notary error element. The concept of
a notary error in running the office is malpractice, which consists of pure
malpractice Dishonesty or deliberate action
Notary task related with criminal responsibility. Another thing that often
happens is that a notarial deed is assumed to contain information that is untrue.
The notarial deed is questioned and the notary is accused of including false
statement into the deed as regulated by article 263 paragraph (1) Criminal Code
in conjunction with Article 264 paragraph (1) Criminal Code. As the party who
produces the deed, the notary is often accused as an accomplice to the crime as
stated in Paragraph (1) Article 55 of Indonesian Criminal Law, even though the
notary's fault, especially the intention to commit the act, may not be present.
The offenses referred to in article article 263 paragraph (1) Criminal
Code in conjunction with Article 264 paragraph (1) Criminal Code is the act of
telling entering false information into an authentic deed, the subjective unsure
means a notary conscious and realize of his actions. Notaries who intentionally
submit false information into his deed the measures it called an act of deliberate
Dishonesty. A notary would be the party who is persuade to include false
statement in the deed. A notary is positioned as an accomplice as described by
Article 55 of Indonesian Criminal Law, Notary may not be located as
independent actors.
Key Words: Notary, Malpractice, Criminal Liability.

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Ketersediaan

031070535

178

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

178

Penerbit

Surabaya : Fakultas Hukum Unair., 2017

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

-

Subjek

NOTARIS

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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