TANGGUNG JAWAB NOTARIS TERHADAP ISI AKTA MENGANDUNG UNSUR TINDAK PIDANA PEMALSUAN (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 1003 K/PID/2015)

WULANANGGRAENI, MOZA JULIKA and Ridwan, Ridwan and Elmadiantini, Elmadiantini (2022) TANGGUNG JAWAB NOTARIS TERHADAP ISI AKTA MENGANDUNG UNSUR TINDAK PIDANA PEMALSUAN (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 1003 K/PID/2015). Master thesis, Sriwijaya University.

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Abstract

In making an authentic deed, mistakes can occur either from the Notary or from parties who are not honest in providing information, this can harm the Notary and even require the Notary to be responsible for it. As in the case of the Supreme Court of the Republic of Indonesia Number 1003 K/PID/2015 which involved and ensnared a Notary in court, it is not only a matter of civil law but also criminal law. The problem in this research is what are the indicators of the occurrence of the contents of the deed containing the crime of forgery and what is the form of the Notary's responsibility for the contents of the deed that contains elements of the criminal act of forgery in the Supreme Court Decision 1003 K/PID/2015. This research is a normative research using legislation, case and conceptual approach. With primary, secondary, and tertiary legal materials. The results of the study explain that the indicator of the occurrence of the contents of the deed contains elements of the crime of forgery in the decision, namely the actions of the Notary NS fulfilling the elements of the criminal act of forgery in Article 263 of the Criminal Code by changing several articles in the Minutes of Deed without rights and being legally proven and guilty of the crime of counterfeiting. Authentic deed. The decision does not explain that there is an indication that the Notary NS together with the second party planned this change, this can be seen from the independence and impartiality of the Notary NS in the lawsuit made by the second party against the first party by using a copy of the Deed which has been replaced unilaterally and by the first party. not aware of the change. This causes losses for the first party. The form of the Notary's responsibility for the deed he made if the Notary does not comply with his obligations and has been proven guilty of the deed he made, the Notary must be responsible for criminal, civil and administrative matters. The UUJN regulations and the Code of Ethics should strictly regulate criminal acts in order to minimize criminal acts against Notaries and remind that Notaries must apply the principle of prudence and act carefully, especially matters relating to deeds. In terms of responsibility, the UUJN should in the future regulate criminal sanctions against notaries who are proven in court that they have committed crimes in order to have a deterrent effect on notaries who commit crimes.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Tanggung Jawab, Notaris, Tindak Pidana Pemalsuan
Subjects:	K Law > K Law (General) > K600-615 Private law
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	Moza Julika Wulananggraeni
Date Deposited:	05 Aug 2022 05:20
Last Modified:	05 Aug 2022 05:20
URI:	http://repository.unsri.ac.id/id/eprint/76327

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