{"title":"NORMATIVE JURIDICAL ANALYSIS OF FORGERY OF AUTHENTIC DEEDS CARRIED OUT BY NOTARIES","authors":"Rizka Ayu Dwitami Hidayat, S. Badriyah","doi":"10.56301/awl.v5i2.773","DOIUrl":null,"url":null,"abstract":"The Notary Office Law does not explain the sanctions for Notaries clearly and in detail, only explaining on the Administrative and Civil Side, while Notaries cannot be said that Notaries are free from Criminal Sanctions, while the Notary's Office does not explain the Notary Criminal Sanctions section. Notaries can make mistakes such as committing intentional or unintentional forgery of deeds and these actions violate the Undang-undang Jabatan Notaris (UUJN) and the Notary Code of Ethics. From this case, administrative sanctions or code of professional ethics for the position of notary are imposed and civil sanctions can then become and be qualified as a criminal act committed by a Notary. The method is a descriptive analysis and use data analyzed qualitatively. This result is an explanation of how the application of criminal sanctions to Notaries who commit criminal acts of forgery of authentic deeds and the legal consequences of forgery of authentic deeds carried out by Notaries. As a result of the notary law, which is subject to criminal sanctions in the criminal act of forgery of authentic deeds along with deeds that are used as objects of the case in court for criminal cases, the notary defendant is sentenced to imprisonment and all deeds issued by the defendant's Notary are null and void.","PeriodicalId":286213,"journal":{"name":"Awang Long Law Review","volume":"46 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Awang Long Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.56301/awl.v5i2.773","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The Notary Office Law does not explain the sanctions for Notaries clearly and in detail, only explaining on the Administrative and Civil Side, while Notaries cannot be said that Notaries are free from Criminal Sanctions, while the Notary's Office does not explain the Notary Criminal Sanctions section. Notaries can make mistakes such as committing intentional or unintentional forgery of deeds and these actions violate the Undang-undang Jabatan Notaris (UUJN) and the Notary Code of Ethics. From this case, administrative sanctions or code of professional ethics for the position of notary are imposed and civil sanctions can then become and be qualified as a criminal act committed by a Notary. The method is a descriptive analysis and use data analyzed qualitatively. This result is an explanation of how the application of criminal sanctions to Notaries who commit criminal acts of forgery of authentic deeds and the legal consequences of forgery of authentic deeds carried out by Notaries. As a result of the notary law, which is subject to criminal sanctions in the criminal act of forgery of authentic deeds along with deeds that are used as objects of the case in court for criminal cases, the notary defendant is sentenced to imprisonment and all deeds issued by the defendant's Notary are null and void.
《公证法》并没有对公证员的处罚做出明确和详细的解释,只在行政和民事方面进行了解释,而公证员不能说公证员不受刑事处罚,而公证处也没有对公证员刑事处罚部分进行解释。公证员可能会犯一些错误,比如有意或无意地伪造契约,这些行为违反了Undang-undang Jabatan Notaris (UUJN)和公证员道德准则。在这种情况下,对公证员的职位施加行政制裁或职业道德准则,然后民事制裁可以成为并有资格作为公证员所犯的刑事行为。该方法采用描述性分析方法,对数据进行定性分析。这一结果解释了刑事制裁如何适用于公证员伪造真实契约的犯罪行为以及公证员伪造真实契约的法律后果。由于公证法规定,在刑事案件中,伪造真实契约的犯罪行为以及作为案件标的的契约都要受到刑事制裁,因此,公证被告被判处有期徒刑,被告公证员出具的所有契约无效。