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Investigation of the Notary Providing False Testimony Under Oath in a Criminal Case

Khairunnisa, Aprilia Indah (2026) Investigation of the Notary Providing False Testimony Under Oath in a Criminal Case. Legal Spirit, 10 (1). pp. 11-20. ISSN 1978-2608

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Abstract

The main task of a Notary is to make authentic deeds, of course this has consequences where the Notary who makes the authentic deed has responsibility for the authentic deed he makes in order to provide legal certainty to the public in order to provide legal protection. This research uses a doctrinal approach method. The first result of this research is, the notary's responsibility for the deed he has made, if it is proven to contain false information and the notary knows about it, the notary must be responsible both from an administrative, civil law and criminal law perspective for the deed he has made. If the notary does not know that the information is false information, then the notary concerned is not responsible for the false information contained in the deed he made. A third party who suffers loss as a result of an authentic deed that is suspected of containing false information made by the notary must prove that there are untruths in the contents of the authentic deed so that he or she can receive legal protection. If the third party does not have evidence that he suffered losses from an authentic deed which is suspected of containing false information made by a notary, then he does not receive legal protection. Because an authentic notarial deed has perfect evidentiary power as regulated in Article 1870 of the Civil Code. Second, Notaries receive preventive and repressive legal protection through the establishment and enforcement of laws. The Notary Honorary Council (MKN) plays a role in providing approval for the summons and retrieval of notary documents in the judicial process, as well as providing guidance to maintain the integrity of notaries.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Faculty of Law, Arts and Social Sciences > School of Law
Depositing User: aulia happy fadila
Date Deposited: 25 May 2026 01:40
Last Modified: 25 May 2026 01:40
URI: https://repository.widyagama.ac.id/id/eprint/152

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