đ
28 February 2021
DOI: 10.33061/wh.v27i1.4785
EXPLORING THE NOTARY LIABILITY IN TORTS (An Exclusive Interview with the Chairman of the Indonesian Notary Association of Batam City)
Wacana Hukum
Universitas Slamet Riyadi
đ Abstract
In practice, it often occurs that a notary is summoned to the
court on the ground that he/she provides information on the
deeds or documents containing torts (an act against the law).
This study questions whether a notary is liablewhen the torts
occur. This study utilizes a socio-legal research method by
adopting qualitative juridical data analysis. It found thattorts
may occur due to 2 (two) factors, namely (1) lack of precaution
when drafting the deeds, and (2) deliberatelymaking the deeds
which do not meet the specified conditions. As the results, the
notary is liable to bear all losses arising from the issuing of the
deed, including a liability due to a criminal lawsuit. In order to
prevent torts, a notary mustdisclose all relevant information,
clarify documents, and have more legal awareness.
court on the ground that he/she provides information on the
deeds or documents containing torts (an act against the law).
This study questions whether a notary is liablewhen the torts
occur. This study utilizes a socio-legal research method by
adopting qualitative juridical data analysis. It found thattorts
may occur due to 2 (two) factors, namely (1) lack of precaution
when drafting the deeds, and (2) deliberatelymaking the deeds
which do not meet the specified conditions. As the results, the
notary is liable to bear all losses arising from the issuing of the
deed, including a liability due to a criminal lawsuit. In order to
prevent torts, a notary mustdisclose all relevant information,
clarify documents, and have more legal awareness.
đ Keywords
#Deeds; Liability; Notary; Torts
âšī¸ Informasi Publikasi
Tanggal Publikasi
28 February 2021
Volume / Nomor / Tahun
Volume 27, Nomor 1, Tahun 2021
đ HOW TO CITE
Seroja, Triana Dewi; Nurlaily, Nurlaily; Shahrullah, Rina Shahriyani; Hadiyati, Nur; Altison, Kwariyon, "EXPLORING THE NOTARY LIABILITY IN TORTS (An Exclusive Interview with the Chairman of the Indonesian Notary Association of Batam City)," Wacana Hukum, vol. 27, no. 1, Feb. 2021.
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