LEGAL PROTECTION FOR NOTARY THAT DOESN'T ATTACH LETTER AND DOCUMENT TO MINUTA DEED
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Abstract
The absence of norms regarding the strength of proof of deeds made by or before a Notary without letters and documents attached to the Minutes of the Deed, can cause legal problems. There are times when in the judicial process law enforcers question the basis of a notary in making a deed if there are no letters and or documents attached to the minutes of the deed concerned. Sociologically, the fact that minutes of deeds are kept without a letter or other document attached, has a tendency to be questioned by the parties to the dispute. For example, there is no sale and purchase receipt attached to the Minutes of the Sale and Purchase Binding Deed, or no photocopies of ID cards, KK from the parties. Philosophically, the Notarial Deed is an authentic evidence tool that contains the will, information and data from the subject and object in the deed. Legal actions contained in a notarial deed are not legal actions from a notary, but legal actions that contain actions, agreements and stipulations from the party requesting or wanting their legal actions to be stated in an authentic deed. So it is the parties to the deed that are bound by the contents of an authentic deed. A notary is not a craftsman making deeds or a person who has a job making deeds, but a notary in carrying out his/her duties is based on or equipped with various legal knowledge and other sciences that must be mastered in an integrated manner by a notary and deeds drawn up before or by a notary have a position as a tool proof. Notaries must be careful (Article 16 (1) a UUJN No. 2 of 2014) in keeping the minutes of the deed. The mechanism for storing Minuta Deeds is precisely not regulated in detail in UUJN No. 2 of 2014. In fact, the general regulations regulate the position of copies of Deeds when the Minuta Deeds are destroyed. The copy of the Deed still has perfect and binding evidentiary power when the Minuta Deed is destroyed (Article 1889 of the Civil Code). The validity of the copy of the Deed must first meet the requirements which can be seen from the words of the verses.
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