Upaya Notaris Dalam Menggali Kebenaran Materiil Di Setiap Pembuatan Akta

Abstract

The problem presented in this writing is the obligation of the notary to dig up the material truth in each deed and in case of the notary is asked for information before the court in regards to the said material truth. This method employed in this research is normative or doctrinal in which the object is statutory regulations with a case and doctrine approach, then the primary legal materials are statutory regulations and secondary legal materials are books and journals. The results of this study conclude first, applying the provisions of the Notary Position Law (Undang-Undang Jabatan Notaris, UUJN) and its amendment, the principle of prudentiality in the oath and obligations of a notary, the principle of good governance and the principle of implementing the duties of a notary, providing legal counseling, examining all files carefully and rightfully against the requirements for making a deed even going into the field, the deed must be complete, clear, valid and correct, make good use of technological advances, as well as witnesses from the applicants. Second, the role of the notary in court in relation to material truth, that is, the notary as a witness in court proceedings in connection with the deed he made provides information regarding the procedure for drawing up the deed, the relationship between the applicant and the notary and the position of the notary's office or regime. The author suggests that the present problem in order to dig up the material truth by a notary, government support is needed regarding further regulation in order to realize legal certainty and educate the public that a notary is a law enforcement officer, especially civil law.