KONSEP MALPRAKTEK DAN DELIBERATE DISHONESTY DALAM PELAKSANAAN TUGAS NOTARIS

• Main Author: ANDYNA SUSIAWATI ACHMAD, 091070535
• Format: Theses and Dissertations NonPeerReviewed
• Language: English; Indonesian
• Published: 2017
• Subjects: HG8053.5-8054.45 Insurance for professions. Malpractice insurance. Professional liability insurance; K5015.4-5350 Criminal law
• Online Access: http://repository.unair.ac.id/65243/1/DIS.H.18-17%20Ach%20k%20ABSTRAK.pdf; http://repository.unair.ac.id/65243/2/DIS.H.18-17%20Ach%20k%20DISERTASI.pdf; http://repository.unair.ac.id/65243/; http://lib.unair.ac.id
• Institution: Universitas Airlangga

Paragraph (1) of Article 1 of the Indonesian Notary Law states that: "A notary is a public official authorized to produce authentic deeds, as well as to perform other tasks stated by this statute or other laws (of Indonesia)". A notary must also perform his tasks according to the Notary's Ethical Codes. A notary in performing his job must fulfill the concept of Verlijden, which means to compose, read, and sign the deed. In practice, the deeds made by notaries oftentimes violate what is set by the law. Notary shall be responsible for the deed he had done, the basic concept is based on the responsibility notary error element. The concept of a notary error in running the office is malpractice, which consists of pure malpractice Dishonesty or deliberate action Notary task related with criminal responsibility. Another thing that often happens is that a notarial deed is assumed to contain information that is untrue. The notarial deed is questioned and the notary is accused of including false statement into the deed as regulated by article 263 paragraph (1) Criminal Code in conjunction with Article 264 paragraph (1) Criminal Code. As the party who produces the deed, the notary is often accused as an accomplice to the crime as stated in Paragraph (1) Article 55 of Indonesian Criminal Law, even though the notary's fault, especially the intention to commit the act, may not be present. The offenses referred to in article article 263 paragraph (1) Criminal Code in conjunction with Article 264 paragraph (1) Criminal Code is the act of telling entering false information into an authentic deed, the subjective unsure means a notary conscious and realize of his actions. Notaries who intentionally submit false information into his deed the measures it called an act of deliberate Dishonesty. A notary would be the party who is persuade to include false statement in the deed. A notary is positioned as an accomplice as described by Article 55 of Indonesian Criminal Law, Notary may not be located as independent actors.