Peran Notaris dalam Memberikan Penyuluhan Hukum untuk Memenuhi Asas Proporsionalitas dalam Akta Para Pihak

Abstract

Notaries have the authority to provide legal advice on the parties’ deeds or partij acta. However, it is not uncommon for the principle of proportionality to be unfulfilled in the deed to cause problems in the future, leading to the annulment of the deed by the court. This is the result of legal counseling that was not adopted by the parties. The formulation of the problem in this research is what is the role of the Notary in providing legal advices so that the principle of proportionality is fulfilled in making deeds of the parties, and what is the responsibility of the Notary whose deed does not satisfy the principle of proportionality and is thus annulled by the Court. This is a normative legal research carried out by using statutory and conceptual approaches. The results of the research and discussion show that the role of the Notary in providing legal counseling is only limited to the authority of the Notary and does not create obligations for the parties. As a result of this authority, the principle of proportionality will be difficult to fulfill even if the deed is made in authentic form and is a deed of the parties. The notary cannot be responsible for the annulment of the deed by the Court because the principle of proportionality is not fulfilled. As failure to meet the principle of proportionality is not part of the Notary’s responsibility which is regulated through statutory regulations. However, morally a Notary can fulfill the principle of proportionality through an authority, namely legal counseling