Standar Mitigasi Bagi Notaris Dalam Menerima Dan Mempertanggungjawabkan Kebenaran Dokumen Serta Keterangan Para Pihak

Abstract

Supporting documents and statements of applicants are the basis for a Notary in making an authentic deed. However, it is not uncommon for the documents and information provided by the applicants to be incorrect or can be categorized as fake. Therefore, Notaries must be careful in receiving documents and statements from applicants by applying mitigation standards. The formulation of the problem in this study is what is the form of mitigation standards for a Notary in receiving documents and statements from the parties to be used as the basis for the deed, and how is the responsibility of the Notary for the correctness of the documents and statements of the parties as the basis for the deed. This is an empirical legal research conducted with a statutory approach and a conceptual approach. The results of the research and discussion conclude that the standard form of mitigation for a notary in receiving supporting documents for a deed is, first, the notary checks all supporting documents. Second, the Notary needs to check the legal actions to be included in the deed. Third, a notary who finds fake documents before the process of making the deed can refuse the appearer to draw up the desired deed. Fourth, the Notary can provide its own characteristics in making the deed as long as it does not conflict with laws and regulations. In addition, it was also found that the Notary is not responsible for fake documents and statements as long as the Notary can prove that the Notary did not participate in falsifying the deed.