PERTANGGUNGJAWABAN PIDANA NOTARIS DALAM PEMBUATAN AKTA PALSU

Abstract

Forgery of documents in the form of authentic deeds can be punished because it violates the provisions of Article 263 paragraph (1) and Article 264 paragraph (1) of the Criminal Code, including if the perpetrator is a notary. As an example of criminal case no. 13/Pid.B/2017/PN. Gin. Problem Formulation 1) What is the criminal liability for notaries who forge authentic deeds? 2) What are the judge's considerations in imposing a crime on a notary who forged an authentic deed? The research uses a normative juridical approach. With secondary data consisting of primary, secondary and tertiary legal materials. Document study data collection techniques, and analyzed qualitatively. Research Results 1) Criminal liability for making fake deeds carried out by notaries, as in the 4 cases that the author researched, were proven to have violated Article 263 Paragraph (1) and Article 264 Paragraph (1) of the Law of the Republic of Indonesia Number 1 of 1946 concerning Criminal Law Regulations. The defendant's actions met the elements, namely: the presence of elements of a criminal act, elements of error, ability to take responsibility, and no excuse. 2) The judge's considerations in imposing a crime, namely juridical considerations consisting of the indictment, demand letter, evidence and evidence. Non-juridical considerations are aggravating and mitigating matters.