Skripsi

TANGGUNG JAWAB NOTARIS KARENA CACAT ATAU RUSAKNYA PROTOKOL NOTARIS AKIBAT FORCE MAJEURE (BENCANA ALAM)

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As a public official, a Notary is obliged to preserve the evidentiary authenticity, integrity, and originality of notarial deeds in accordance with the Notarial Protocol, which constitutes part of the state archives. Notarial Protocols that are defective, damaged, or even lost as a result of force majeure events give rise to legal issues concerning the liability of the Notary and the legal protection of parties having an interest in the notarial minutes. This study aims to examine the legal remedies available to interested parties in obtaining copies of deeds when the notarial minutes are damaged or lost due to force majeure, to analyze the forms of legal protection afforded to Notaries in relation to Notarial Protocols damaged by natural disasters, and to assess the legal procedures that may be pursued by the parties to obtain copies of deeds that are lost while the corresponding minutes are damaged and remain in the custody of the Notary. This research employs a normative legal research method with statutory and conceptual approaches, supported by primary legal materials in the form of the Law on the Office of Notary (Undang-Undang Jabatan Notaris), the Indonesian Civil Code, as well as relevant secondary legal materials and legal doctrines. The findings demonstrate that, in principle, a Notary cannot be held legally liable for damage to the Notarial Protocol caused by force majeure, provided that the Notary has fulfilled all preventive obligations in accordance with the applicable laws and regulations. Legal protection for Notaries is manifested through mandatory reporting to the Supervisory Council, the preparation of official reports, and efforts to restore the protocol through the issuance of duplicate deeds. Meanwhile, interested parties continue to obtain legal certainty through the mechanism of judicial legalization of deed copies by the District Court, as stipulated in Article 1889 of the Indonesian Civil Code. Accordingly, this study emphasizes that the importance of maintaining a balance between legal protection for Notaries and the fulfillment of the legal rights of interested parties in order to uphold legal certainty, justice, and utility in notarial practice.

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Availability

Detail Information

Series Title

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Call Number

T1919592026

Publisher

Indralaya : Prodi Magister Kenotariatan, Fakultas Hukum Universitas Sriwijaya., 2026

Collation

xi, 114 hlm.; ilus.; 29 cm

Language

Indonesia

ISBN/ISSN

-

Classification

347.598 016 07

Content Type

Text

Media Type

unmediated

Carrier Type

-

Edition

-

Subject(s)

Prodi Magister Kenotariatan
Tanggung Jawab Notaris

Specific Detail Info

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Statement of Responsibility

KA

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