The Nature Of A Notary Deed As Written Evidence In Civil Cases In Court

Abstract

This study uses a type of normative (doctrinal) legal research, with data sources in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The research aims to examine and identify the nature of the notarial deed and to find binding strength, as well as the responsibilities of the notary as the maker of the deed, for deeds that are considered invalid or legally flawed as evidence in civil cases in court. Conclusion, (1). The essence of the Notary Deed, according to the applicable laws and regulations, is to guarantee authentic legal certainty, order and protection regarding circumstances, events or legal actions carried out through certain positions. (2). The binding power of the deed drawn up by and before a notary is that an authentic deed provides between the parties and their heirs or those who get rights from them, a perfect proof of what is contained in it. (3). The responsibility of the notary as the maker of the deed for deeds that are deemed invalid or legally flawed, namely that the notary is responsible for the deed made before him which contains legal defects or does not meet formal requirements. In this case, the notary has a moral responsibility and can be sued to provide compensation to the injured party due to the negligence of the notary in the deed he made.