Criminal Liability of Notary in the Criminal Act of Letter Forgery Towards Notarial Deed
Irsyad Audrian Adhyasta, Sri Wiyanti Eddyono, S.H., LL.M., Ph.D.
2023 | Skripsi | ILMU HUKUM
This Legal Research is aimed to understand and to analyze the legal considerations of judges in examining cases of letter forgery involving authentic deeds performed by notaries, as well as the legal considerations of judges regarding the criminal responsibility of notaries for the material accuracy of the deeds they create.
This legal research is descriptive in nature and employs normative legal research or literature review as the research method, supported by interviews with informants to gather and clarify secondary data. The data obtained from this research is analyzed using qualitative methods and presented through descriptive analysis.
The research findings indicate the following: 1) The criminal responsibility of a Notary in cases of letter forgery involving authentic deeds largely depends on the legal considerations of the judge. Disparities in sentencing by judges are influenced by several factors, including the prosecutor's demands, the level of the defendant's culpability, and the impact of the defendant's actions. 2) The criminal responsibility of a Notary concerning the material accuracy of documents or information presented to them is limited, as stated by the maxim and jurisprudence (Supreme Court Decision No. 702 K/Sip/1973), which establish the boundaries of a Notary's responsibility for the material accuracy of statements made by the parties involved. Although a Notary may be involved in cases of document forgery, it does not automatically make them criminally liable for their actions
Kata Kunci : Tanggung Jawab Pidana, Notaris, Pemalsuan Surat, Akta Otentik, Pertimbangan Hakim, Kebenaran Materiil