THE POWER OF LAW ACTION WAARMERKING BY NOTARY OFFICIAL REGARDING UNDER HAND DEED

Abstract

The development of social life has increased the intensity and complexity of legal relations that must be protected and ensured based on evidence that clearly defines rights and obligations. To avoid losses, every community needs a reliable person (figure) called a Notary, who the public can trust because they are legal authorities whose signature and stamp provide strong guarantees and evidence. The notary is an impartial expert and a counselor with no defects and makes an agreement that can protect both parties in the future. The formulation of the problem of this research is what is the basis of the notary's authority to carry out Waarmerking actions against private deeds and what is the legal power of underhanded deeds, which is Waarmerking by a notary official. The research method used in the preparation of this research is normative research. The results of the discussion in this study are as follows: The notary's authority over underhanded deeds that are Waarmerking by a Notary following Law Number 30 of 2014 concerning the Office of a Notary is only limited to registering underhanded deeds that have been made by the parties and present before the notary to register the deed under the hand in a special book provided by the notary. The notary, in this case, does not know the contents of the deed that has been drawn up and signed by both parties even though the notary signs the deed under the hand. The legal force of the agreement Underhanded deed in Waarmerking is different from an authentic deed with definite evidentiary strength, so for an underhanded deed, the power of proof is in the hands of the judge to consider it. An underhanded deed in Waarmerking is more at risk of forgery in the deed and signature because the notary does not have the authority to read the contents of the deed. The authenticity of the party's signature can be doubted because the parties signing the deed is not in the presence of a Notary, so the notary is often blamed by the police in terms of investigation.