Akibat hukum terhadap notaris yang tidak menerbitkan salinan akta kedua atas akta yang dibuatnya (anaslisis putusan nomor 619/Pdt.G/2023/PN medan)

Abstract

This study aims to analyze the obligation of a notary in issuing a second copy of a deed according to applicable legal provisions, the legal consequences for a notary who does not issue a second copy of a deed to interested parties, and the legal considerations of the panel of judges in Decision Number 619/Pdt.G/2023/PN Medan. This study uses a normative legal research method with a case approach and is descriptive-analytical in nature. The results show that the notary's obligation to issue a second copy of a deed is part of the official duties as regulated in Article 16 paragraph (1) letter d of the Notary Position Law, and a notary cannot refuse its issuance without valid legal reasons if the applicant is proven to be a directly interested party, heir, or party acquiring rights in accordance with Article 54 of the Notary Position Law. The legal consequences that may arise include administrative, civil liability based on Article 1365 of the Civil Code, and ethical responsibility. The panel of judges in Decision Number 619/Pdt.G/2023/PN Medan assessed that the notary's action of not issuing the second copy of the deed without legal reasons constitutes an unlawful act and ordered the notary to issue the copy of the deed. This study recommends the need for clearer regulations regarding the mechanism for issuing a second copy of a deed in the Notary Position Law.