NOTARY LIABILITY FOR CLIENT DOCUMENTS PROVEN TO BE FAKE DUE TO CARELESSNESS

Notary is required to be responsible for the deed he has made. Sometimes, deeds made before a notary contain fake documents, fraud and even untruth and are often subject to articles 263, 264, 266 in conjunction with Article 55 of the Criminal Code. The task of a notary is to record data and information provided by clients in accordance with the obligations of a notary in Law Number 2 of 2014 concerning the office of a notary, article 16, article 1 letter (f). The Notary Office Law does not specifically regulate legal protection for notaries in the examination process regarding forgery of client documents. For this reason, the criminal liability of a notary for a deed made on the basis of a forged document as a result of not applying the precautionary principle needs to be studied and analyzed. This can be started by ensuring and checking the formal correctness of the client if it is considered lacking. Supposedly, notaries seek material truth in order to achieve the goal of the precautionary principle in knowing clients and minimizing the possibility of problems occurring in the future.