Criteria for Material Errors in Notary Deed

Oct 13, 2025 by leolavanderia.com.br 133 views

Juridical Analysis of the Material Mistakes of Notary Deed and Legal Consequences: Study of Medan District Court Decision No. 635/PDT.G/2013/PN.Mdn

Introduction

The notary deed is a crucial document in various legal transactions, serving as written evidence of agreements and contracts between parties. However, the notary deed can be a subject of dispute due to material errors, which raises questions about the responsibility of the notary in such cases. This study aims to analyze the criteria for notarial deeds that contain material errors, as well as the legal consequences and accountability of notaries in such situations.

Background

Notaries play a significant role in ensuring the validity and authenticity of legal documents. However, their duties are limited to witnessing the signing of documents and ensuring that the parties involved are aware of the contents of the deed. Notaries cannot guarantee the truth of the information conveyed by the parties, as their primary responsibility is to verify the identity of the parties and ensure that the deed is executed in accordance with the law.

Methodology

This study uses a normative juridical analysis approach, focusing on descriptive analysis. The approach used is a case study with secondary data sources, including primary, secondary, and tertiary legal materials. Data is collected through literature and field research, with document and interview study methods. Data analysis is carried out qualitatively with a deductive approach.

Criteria for Material Errors in Notary Deed

The study identifies several criteria for material errors in the notary deed:

Error on the Contents of the Deed

The notary deed contains information that is not in accordance with the actual facts or data. This can include errors in the description of the property, the parties involved, or the terms and conditions of the agreement.

Defects of Will

There are coercion, deception, or mistakes that cause the party in the deed not having free will in giving approval. This can include situations where one party is forced to sign the deed against their will or where there is a lack of understanding of the contents of the deed.

Acts Violating the Law

The party in the deed takes actions that violate the law, such as forgery of documents or fraud. This can include situations where one party attempts to deceive or mislead the other party.

Legal Consequences of Material Errors in Notary Deed

The legal consequences of material errors in the notary deed can vary:

Cancel by Law

The deed did not have legal force from the beginning due to fatal disability in the manufacturing process. This means that the deed is considered null and void from the start.

Can be Canceled

The deed can be declared invalid through a legal process by the disadvantaged party. This means that the deed can be challenged in court and declared invalid if it is found to contain material errors.

Non-Existent

The deed seems to never exist because it does not meet the valid requirements as written evidence. This means that the deed is considered non-existent and has no legal force.

Accountability of Notaries

Notaries can be held accountable for the material error in the deed they made. The types of accountability can be in the form of:

Civil

Notary can be required to pay compensation, costs, and interest to the disadvantaged party. This means that the notary can be held liable for any damages or losses suffered by the party as a result of the material error.

Administrative

Notaries can be subject to sanctions, such as oral reprimands, written reprimands, temporary stops, respectful dismissal, or disrespectful dismissal. This means that the notary can face disciplinary action for their role in creating the material error.

Criminal

Notaries that are proven to violate the law can be subject to criminal sanctions in accordance with the provisions in the UUJN, the Code of Ethics of Notary Position, and the Criminal Code. This means that the notary can face criminal charges for their role in creating the material error.

Legal Protection for Notaries

Notaries get legal protection, including:

UUJN

Legislation governing the notary profession, rights, and obligations. This means that notaries are protected by laws that govern their profession and ensure that they are held to a certain standard.

Rights of Diestry

Notary has the right to refuse to make a deed if there are indications of violation of law or discrepancy with procedures. This means that notaries have the right to refuse to create a deed if they suspect that it may contain material errors or if it does not comply with the law.

Notary Supervisory Institution

Institution in charge of supervising and protecting the notary profession. This means that notaries are subject to supervision and protection by an institution that ensures that they are held to a certain standard.

Medan District Court Decision No. 635/Pdt.G/2013/PN.MDN

The Medan District Court Decision No. 635/Pdt.G/2013/PN.MDN revealed that although the notary Elly Rozalia had made a deed in accordance with the laws and regulations, the act against the law carried out by one of the parties caused the deed to be null and void by law. This decision highlights the importance of ensuring that notaries are held accountable for material errors in the deeds they create.

Conclusion

This study shows that material errors in the notary deed can have a serious legal impact on all parties involved. Notaries have an obligation to carry out their duties professionally and responsibly, and ensure the deeds they make do not contain material errors that can harm the relevant parties. In addition, legal protection for notaries is also important to guarantee its independence in carrying out the profession.

Recommendation

Based on the findings of this study, it is recommended that notaries take the following steps to prevent material errors in the deeds they create:

Ensure that they have a thorough understanding of the contents of the deed and the laws and regulations that govern it.
Verify the identity of the parties involved and ensure that they are aware of the contents of the deed.
Refuse to create a deed if there are indications of violation of law or discrepancy with procedures.
Seek legal advice if they are unsure about any aspect of the deed.

By taking these steps, notaries can ensure that they are held to a high standard and that the deeds they create are accurate and reliable.
Frequently Asked Questions (FAQs) about Juridical Analysis of Material Mistakes of Notary Deed and Legal Consequences

Q1: What is a notary deed, and why is it important?

A1: A notary deed is a written document that serves as evidence of an agreement or contract between two or more parties. It is an important document that can have significant legal consequences, and it is essential to ensure that it is accurate and reliable.

Q2: What are material mistakes in a notary deed?

A2: Material mistakes in a notary deed refer to errors or inaccuracies that can affect the validity or enforceability of the document. These mistakes can include errors in the description of the property, the parties involved, or the terms and conditions of the agreement.

Q3: Who is responsible for material mistakes in a notary deed?

A3: The notary who creates the deed is responsible for ensuring that it is accurate and reliable. However, the parties involved in the agreement can also be held accountable for any material mistakes that may have occurred.

Q4: What are the legal consequences of material mistakes in a notary deed?

A4: The legal consequences of material mistakes in a notary deed can vary, but they can include:

Cancel by law: The deed did not have legal force from the beginning due to fatal disability in the manufacturing process.
Can be canceled: The deed can be declared invalid through a legal process by the disadvantaged party.
Non-existent: The deed seems to never exist because it does not meet the valid requirements as written evidence.

Q5: Can a notary be held accountable for material mistakes in a notary deed?

A5: Yes, a notary can be held accountable for material mistakes in a notary deed. The types of accountability can include civil, administrative, and criminal sanctions.

Q6: What is the role of the Notary Supervisory Institution in ensuring the accuracy and reliability of notary deeds?

A6: The Notary Supervisory Institution is responsible for supervising and protecting the notary profession. It ensures that notaries are held to a certain standard and that they are accountable for any material mistakes that may occur.

Q7: How can notaries prevent material mistakes in a notary deed?

A7: Notaries can prevent material mistakes in a notary deed by:

Ensuring that they have a thorough understanding of the contents of the deed and the laws and regulations that govern it.
Verifying the identity of the parties involved and ensuring that they are aware of the contents of the deed.
Refusing to create a deed if there are indications of violation of law or discrepancy with procedures.
Seeking legal advice if they are unsure about any aspect of the deed.

Q8: What is the significance of the Medan District Court Decision No. 635/Pdt.G/2013/PN.MDN in relation to material mistakes in a notary deed?

A8: The Medan District Court Decision No. 635/Pdt.G/2013/PN.MDN highlights the importance of ensuring that notaries are held accountable for material mistakes in the deeds they create. It demonstrates that even if a notary has followed the laws and regulations, the act against the law carried out by one of the parties can still cause the deed to be null and void by law.

Q9: How can parties involved in an agreement ensure that the notary deed is accurate and reliable?

A9: Parties involved in an agreement can ensure that the notary deed is accurate and reliable by:

Carefully reviewing the contents of the deed before signing it.
Ensuring that they understand the terms and conditions of the agreement.
Verifying the identity of the notary and ensuring that they are qualified to create the deed.
Seeking legal advice if they are unsure about any aspect of the deed.

Q10: What is the future of notary deeds in relation to material mistakes?

A10: The future of notary deeds in relation to material mistakes will depend on the development of laws and regulations that govern the notary profession. It is essential to ensure that notaries are held to a high standard and that they are accountable for any material mistakes that may occur.