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Maudy Rahma Pranadia, Gunardi Lie
Edunity
Volume 2 Number 6, June, 2023
p- ISSN 2963-3648- e-ISSN 2964-8653
Doi: https://doi.org/10.57096/edunity.v2i6.112
https://edunity.publikasikupublisher.com/index.php/Edunity/index
NOTARY RESPONSIBILITIES FOR THE OCCURRENCE OF
IDENTITY MARKETING IN THE MAKING OF AUTHENTIC
DEEDS
Maudy Rahma Pranadia
1
, Gunardi Lie
2*
Faculty of Law, Tarumanagara University, West Jakarta, Indonesia
Email: maudyrpranadia@gmail.com
1
, [email protected]
2*
ABSTRACT
A notary is a public official who is appointed to make authentic deeds and has other authorities
as referred to in Article 1 Number 1 Law Number 2 of 2014 on Amendment to Law Number 30
of 2004 on Office of Notary Public. If there is a negation or denial related to a deed drawn up by
a Notary if the documents and/or information obtained regarding the drawing up of the deed
turn out to be false, then it is the responsibility of the party who submitted the documents or
provided the false identity. This is because the deed contains written statements from the
appearers. there is no reason whatsoever for a Notary not to apply the precautionary principle
in carrying out his or her position and must uphold the precautionary principle. This implies
that all actions taken in the context of drawing up an authentic deed must be in accordance with
the applicable laws and regulations so that they can be legally accounted for. In the drawing up
of an authentic deed, the Notary must be responsible if the deed drawn up by him or she contains
a mistake or an intentional violation by the Notary. Conversely, if the element of mistake or
violation occurs from the appearing party, then as long as the Notary exercises his or her
authority in accordance with the regulations, the relevant Notary cannot be held accountable
because the Notary only records what was conveyed by the parties to be stated in the deed.
Keywords: Responsibility; false identity; authentic deeds
Introduction
A notary is a public official authorized to make needs authentic and has other authorities
as referred to in Article 1 point 1 of Law Number 2 of 2014 concerning Amendments to
Law Number 30 of 2004 concerning the Office of a Notary. According to R. Soegondo
Notodisoera, a notary is a public official, because it is closely related to the main
authority or duties and obligations to make deed authentic.(R. Soegondo Notori
Soerjono, 1993)
The position of a Notary as a functionary in society is still respected. A Notary is usually
regarded as an official where one can get reliable advice, everything that is written and
determined is true, Notary is a strong document maker in the legal process (Melinda &
Djajaputra, 2021).
When there is denial or denial regarding the deed drawn up by a Notary in the event
that the documents and/or information obtained regarding the making of the deed turns
out to be fake, then this is the responsibility of the party submitting the documents or
providing the false identity. This is because the deed contains written statements from
the appearers (Hardianti, 2022). In the deed of the parties which contains the statements
of the parties, the Notary is not obliged to investigate whether the information and
documents presented or written by the appearers in the deed are in accordance with the
truth or not (Ginting, 2019).
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In carrying out his position, a Notary must obey and comply with the rules and norms,
including:
Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning
the Position of Notary (hereinafter referred to as UUJN).
Notary Code of Ethics made by the Indonesian Notary Association
Articles of Association and Bylaws of the Indonesian Notary Association
Before carrying out his position, a Notary is obliged to take an oath/promise in
accordance with his/her religion before the appointed Minister/Official. In carrying out
the oath of office, a Notary as a public official who has been sworn in to serve and obey
the law is manifested through obedience to all the norms and ethics governing the
position of a Notary. In carrying out the Notary's position, supervision is also needed so
that the Notary's duties are always in accordance with the underlying legal principles as
to avoid misuse of the trust given.
Notaries in carrying out their positions form professional professional organizations in
the form of associations with legal entities, namely the Indonesian Notary Association
which is the only unifying forum for all and everyone who assumes and carries out the
duties of the office as a public official in Indonesia (Amelia, 2023). This organization
plays an important role in upholding the ethics of its members, namely when there are
members who violate the provisions contained in the Notary Code of Ethics, or members
who violate the ethical values contained in the Law on Notary Positions. The Notary
Code of Ethics is based on the fact that a Notary as a professional bearer is a person who
has expertise and knowledge in the notary field, so as to be able to meet the needs of the
public who require services in the notary field. Notary is personally responsible for the
quality of services provided (Amelia, 2023).
In connection with this research, the authors conducted a study regarding the number
of Notaries who became witnesses in court because the deed made by the Notary was
made based on a false identity carried out by the appeared. The notary profession is a
profession that is prone to problems in court because a Notary is a maker of an authentic
deed that has perfect proof before the law.
Therefore, if the notarial deed is made based on the fake identities of the appearers, it
will be very detrimental to the parties concerned.
Based on the background, the author wants to examine how the Notary Office Law
regulates the responsibilities of a Notary in the event of falsification of identity
committed by appearers. Indonesia has not clearly regulated the truth of the existence
of fake identities because the Law on Notary Office stipulates that a Notary is only
authorized to make deeds based on what is desired and conveyed by the Notary. facing
and does not have the authority to investigate whether the things conveyed by the
appeared are true or fraudulent. The community still has bad faith in making deeds and
unclear rules regarding the protection of Notaries in the event of identity falsification.
Therefore the authors are interested in conducting an in-depth analysis, the results of
which are made in the form of research with the title Notary Responsibilities For The
Occurrence of Identity Marketing In The Making of Authentic Deeds
Research Method
The research method is a scientific activity carried out in stages, starting with
determining the topic, collecting data, and analyzing the data so that later an
understanding and understanding of the topic, symptom or issue is obtained internet.
The research method is a systematic scientific activity and has specific objectives both
practical and theoretical (Ramdhan, 2021).
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Maudy Rahma Pranadia, Gunardi Lie
Research conducted in this study is normative juridical research. Normative juridical
research is research conducted by analyzing library materials or ready-to-use
documents. Normative juridical research is also called library research, namely the
procedure for collecting data derived from materials literature or literature, related laws,
and regulations, writings, or legal research.
The data collection tool used in this writing is by means of a documentation study which
is carried out by searching for data about things or variables in the form of notes, books,
letters, transcripts, magazines, and so on. In other words, the documentation study aims
to find secondary data.
Result And Discussion
The Notary's Precautionary Principles are related to Personal Data Protection
Based on construction Notary Law, one of the duties of a Notary's position is to
formulate the wishes/actions of appearers in the form of an authentic deed, taking into
account the applicable legal provisions.
Recently, notaries are often faced various cases related to authentic deeds they have
made, which require that the notary be the party summoned to court if there is a dispute
regarding the deed drawn up by the notary. To avoid this, the principle of prudence is
one of the most important principles that must be applied or carried out by a Notary in
carrying out his/her duties as a public official. The principle of prudence requires a
Notary to always be careful in carrying out the duties of his position, in the sense that
he must always be consistent in implementing the applicable laws and regulations in the
notary sector.
As long a notary consistently carries out the conditions required of them, the notary will
be able to guarantee the implementation of prudential actions for himself as a public
official. For the sake of legal interests and protection of a Notary in carrying out their
duties, a Notary must master all regulations relating to the duties of his position. This is
intended so that the deed made by a Notary does not have legal defects, which can result
in the deed being null and void or can be canceled. Likewise, parties who need their
services or who ask to make a deed, also have happen honestly and not make it up in
making the desired deed (Liem, 2020).
The jurisprudence of the Supreme Court (Decision of the Supreme Court Number
702K/Sip/1973, dated September 5, 1973, stated: "The function of a notary is only to
record/write down what is desired and stated by the parties who appear before the
notary. There is no obligation for the notary to investigate thoroughly anything material
(things) presented by the appeared before the notary".
In order to achieve the Notary's precautionary principle in knowing appearers, if there
are doubts and errors in the documents of the appearers the Notary should refuse to
make an authentic deed, in order to achieve the precautionary principle of knowing the
appearers and not become a dispute later day.
In this writing, the author discusses the case of identity forgery in Decision Number
140/PDT/2020/PT.DKI dated 20 April 2020 jo. The decision of the North Jakarta District
Court Number 101/Pdt.G/2015/PN.Jkt.Utr made by the appeared in making an
authentic deed. In this case, the appeared as the debtor in making the credit agreement
was suspected of having forged an identity in the form of an Identity Card with a
fictitious address. It is known that the debtor has not paid his installment obligations to
the bank and the whereabouts of the debtor when visited at the home address listed on
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the KTP, it is known that the address fictitious and the whereabouts of the debtor are
unknown.
Notaries in carrying out the precautionary principle regarding examinations identity
appearers, the Notary conducts identification of appearers to find out that appearers are
capable and authorized parties based on legal rules for making deeds, ensuring the
correctness of the identity of appearers based on legal rules for making deeds, ensuring
the correctness of the identity of appearers as shown by the notary, ensuring
letters/documents attached related to the object the agreement is genuine and valid, and
makes the deed in accordance with statutory provisions without any element of
falsifying the information contained in the deed to ensure the formal correctness of the
deed made (Siahaan, 2019).
The UUJN does not clearly state the precautionary principle. However, the researcher
argues that the precautionary principle in the Notary Office Law can be interpreted in
the provisions of Article 15 UUJN, as follows:
1. The notary has the authority to make the deed authentic regarding all acts,
agreements, and resolutions required by law and/or required by interested parties to
be stated in an authentic deed, guaranteeing the certainty of the date of making the
deed, keeping the deed, providing grosses, copies, and extracts of the deed, all of that
throughout the making of the deed the acts are not assigned or exempted to other
offices or other persons designated by law.
2. The notary is also authorized to certify signatures and determine the date of private
documents by registering in a special book, recording private documents by
registering in a special book, making copies of the original private documents in the
form of a copy containing the description as written and described in the relevant
letter, validate the suitability of the copy with the original letter, and provide legal
counseling in connection with the making of the deed
Based on the Notary Office Law, the Notary is required to know the identities of the
appearers and request supporting data related to the deed to be drawn up, such as the
identities of the appearers and other documents as required in making an authentic
deed. This is in line with the provisions of Article 39 paragraphs (2) and (3) of the Notary
Office Law.
Article 39 paragraph (2): "Appearers must be known by a Notary or introduced to him
by 2 (two) identifying witnesses who are at least 18 (eighteen) years old or married and
capable of carrying out legal actions or introduced by 2 (two) appearers other."
Article 39 paragraph (3): "The introduction as referred to in paragraph (2) is expressly
stated in the Deed."
Notaries in carrying out the precautionary principle regarding examinationsidentity
appearers, that the Notary conducts identification of appearers to find out that appearers
are capable and authorized parties based on legal rules for making deeds, ensuring the
correctness of the identity of appearers based on legal rules for making deeds, ensuring
the correctness of the identity of appearers as shown by the notary, ensuring
letters/documents attached related to the object the agreement is genuine and valid, and
makes the deed in accordance with statutory provisions without any element of
falsifying the information contained in the deed to ensure the formal correctness of the
deed made (Rahman, 2018).
Therefore, there are cases of identity falsification committed by appearers related to
another issue, namely the precautionary principle associated with the protection of
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Maudy Rahma Pranadia, Gunardi Lie
personal data. The digital convenience that is happening right now makes various
transactions easier, one example is convenience in shopping that can now be done
online. However, there are things that must be sacrificed, namely regarding personal
data. When buying goods online, requirements are needed in the form of personal data,
namely full name, place, date of birth, home address, and even data on the Resident
Identification Number. In some conditions, a person in carrying out a transaction must
also submit copies of his residence documents.
The government as the authority authorized by the state to protect personal data in
accordance with Article 28 G paragraph (1) of the 1945 Constitution of the Republic of
Indonesia. In addition to these regulations, efforts to protect personal data are carried
out with various rules other laws, namely Law Number 23 of 2003 concerning
Population Administration as Amended by Law Number 24 of 2013 and protection of
personal data related to digital finance in Bank Indonesia Circular Letter Number
18/22/DKSP regarding the Implementation of Financial Services Digital.
What needs to be underlined in efforts to protect personal data in Indonesia today, these
protection efforts have not yet reached the realm of how to protect personal data in
detail. In addition, there are also personal data protection laws that are spread across
various laws and regulations that conflict with the principles of personal data protection
(Kalkhove et al., n.d.) Based on the principle of personal data protection, this is not
allowed because the right to ownership of personal data must remain in the hands of the
individual who owns the personal data instead of transferring to certain parties.
The precautionary principle must be made the main principle in making a Deed by a
Notary/PPAT. Letters or documents shown or submitted by one of the appearers or by
another party in the event of a denial of the contents of the deed on the basis of the forged
letters/documents provided will influence the validity of an authentic deed made by a
Notary/PPAT and causing losses to other appearers in the deed. For example, an
appeared who provides a fake document in the form of an e-KTP. E-KTP or electronic
KTP is a KTP that has the specifications and format of a National KTP with special
security, namely a chip that contains a record of electronic population data (Rahmatyah
& Sarning, 2022)
.
The existence of e-KTP with the use of information and communication
technology can facilitate the management of population data in an integrated manner in
one population administration information system. For example, banking institutions
that have applied to check customer data through Card Readers (Rahmatyah & Sarning,
2022). Therefore, to carry out one of the precautionary principles, Notaries should also
be able to take advantage of the existence of this technology in checking the identity of
the appearers submitted to them.
However, based on Minister of Home Affairs Regulation No. 102 of 2019 concerning
Granting of Access Rights and utilization of Population Data The granting of access
rights is User and Operator. Users are state institutions, ministries/non-ministerial
government agencies, Indonesian Legal Entities, and/or Regional Apparatus
Organizations that receive access rights to utilize population data. Organizers are the
government, provincial governments, and district/city governments who are
responsible and authorized in Population Administration matters (Negeri, 2019). Based
on the provisions above, a Notary/PPAT as a general official is not included in the
category of User of Population Data Access Rights and the provisions for implementing
population data verification by a Notary/PPAT in making a deed have not been
regulated. authentic desired by the plaintiffs. Thus, the efforts of the Notary/PPAT to
ensure the authenticity of the data listed on the identification submitted/shown to the
Notary/PPAT include detecting, verifying, and validating the ownership of the KTP-el
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to Dukcapil. This is intended as a preventive action against the misuse of e-KTP that
does not belong to the appeared or forgery of e-KTP.
Checking and verification carried out by this notary are related to efforts to protect
personal data. With the rampant sale of personal data by irresponsible individuals, it is
possible for someone to use other people's personal data in their actions before a notary,
to draw up a deed containing certain legal actions, can occur. For this reason, by being
careful with the notary in checking and verifying the personal data of the appearers who
appear before him, he is once again playing a role in efforts to protect personal data in
Indonesia.
The process of verifying the identity of the appeared does not violate the principle of
personal data protection, provided that the Notary does not carry out any act of buying
and selling personal data and the Notary does what UUJN requires of him, namely
keeping the deed and its contents confidential.
Notary Responsibilities for the Occurrence of Identity Falsification in Making
Authentic Deeds
Notary Responsibilities are explicitly stated in Article 65 UUJN which states that a
Notary (Special Substitute Notary, and Notary temporary officials) is responsible for
every deed he makes, even though the Notary protocol has been submitted or
transferred to the Notary Protocol depository (Noer & Fajriyah, 2021). Notary in carrying
out their duties both in terms of authority and obligations, Notary must be responsible,
meaning:
a) The notary is required to make the deed properly and correctly, meaning that the
deed made fulfills the will of the law and the request of interested parties because of
their position.
b) A notary is required to produce a quality deed, meaning that the deed he makes is in
accordance with the rule of law and the wishes of interested parties in the true sense,
not making it up. The notary must explain to interested parties the truth of the
contents and procedures of the deed he made.
c) Has a positive impact, meaning that anyone will admit that the Notary deed has
perfect proof strength.
The notary has material and formal responsibility for the deed he made. The notary is
responsible for the validity of the authentic deed he made and if it turns out that there is
a legal defect so that the deed loses its authenticity and harms interested parties, the
notary can be sued to reimburse costs, compensation, and interest. Meanwhile,
regarding material responsibility for deeds made before a notary, it is necessary to
emphasize that the authority of a notary in making authentic deeds does not mean that
a notary can freely according to his wishes make authentic deeds without the parties
requesting the deed to be drawn up (Komara & Adjie, 2023).
The notary's responsibility for the deed made before or made by him, is divided into 3
(three) forms, namely:
1. Civil Notary Responsibilities
The authority to make this authentic deed is the request of the parties and for validity
something The agreement requires 4 conditions, namely (Moertiono, 2021):
a. Agreement of the parties
b. The ability to make an engagement
c. Specific objects/things
d. A legitimate reason
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A new agreement can be said as a valid agreement when the agreement meets the
conditions listed above.
The problem raised by the author this time is regarding the falsification of identity
carried out by appearers in making authentic deeds. The case that the author raised
in the Decision of the DKI Jakarta High Court Number 140/PDT/2020/PT.DKI dated
20 April 2020 jo. North Jakarta District Court Decision Number
101/Pdt.G/2015/PN.Jkt.Utr dated March 16 2016, is a civil lawsuit.
The question is whether the documents which form the basis and become the
requirements for making the deed have been made illegally or incorrectly and do not
exist or are fictitious.
According to the judge's decision, the use of a document, data/identity that is fake,
incorrect or fictitious is included or constitutes a criminal act of fraud. According to
Article 1328 of the Civil Code "Fraud is a reason for canceling an agreement, if the
trick used by one of the parties is such that it is clear and obvious that the other party
would not have made the agreement if the trick was not carried out. Fraud is not
suspected, but must be proven.”
So, in connection with this matter, the Plaintiff must first prove the existence of fraud,
and the evidence is the existence of a criminal decision regarding fraud from the
District Court. If it is true that it is known that the Notary conspired together with the
appeared to commit an act of falsification of identity in the deed, then an agreement
can be categorized as a fraud as referred to in Article 1321 of the Civil Code "No
agreement is valid if the agreement was given due to an oversight, or obtained by
coercion or deception.”As a result, the fraud has violated the subjective requirements
of Article 1320 of the Civil Code point 1 regarding the agreement of the parties.
The act of falsifying identity, if it is true and it is known that the notary concerned
conspired with the appeared, then the notary fulfills the elements of an unlawful act
in accordance with what is contained in article 1365 of the Civil Code. Any unlawful
act, which causes harm to another person, requires the person who committed the
loss to make compensation. Then based on Article 1366 of the Civil Code it also
stipulates that "everyone is responsible not only for losses caused by his actions, but
also for losses caused by negligence or carelessness."
However, in the decision of the case, that in essence the Deed of Working Capital
Credit Extension Agreement made before a Notary who is a party to the lawsuit has
been drawn up in accordance with Article 1320 and Article 1338 of the Civil Code. At
the time of signing the deed, the parties involved, namely the Plaintiff, the creditor
bank, and the debtor as Defendant IV had come directly to the Notary, and the parties
had read and understood the contents, intent, and purpose of the deed of agreement
properly. So that the Notary has made the deed in accordance with the applicable
rules and cannot be held accountable.
2. Notary Criminal Liability
The notary may make a mistake in making the deed, the mistakes that may occur are:
a. Typical error on the Notary's copy, in this case the error can be corrected by
making a new copy that is the same as the original and only the copy that is the
same as the new original has the same power as the original deed;
b. Incorrect form of notarial deed, in this case where minutes of the meeting should
have been made but by the notary it was made as a statement of meeting
resolutions;
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c. Error in the contents of the Notary deed, in this case regarding the statement from
the parties who appeared before the Notary, where at the time the deed was drawn
up it was considered correct but later turned out to be incorrect.
The problem raised by the author this time is regarding falsification of identity carried
out by appearers in making authentic deed. The case that the author raised in the
Decision of the DKI Jakarta High Court Number 140/PDT/2020/PT.DKI dated 20
April 2020 jo. North Jakarta District Court Decision Number
101/Pdt.G/2015/PN.Jkt.Utr dated March 16 2016, is a civil lawsuit. However, the
ammar decision of the panel of judges stated that the argument in the form of
fabricated documents, data and identities was incorrect or fictitious and was the
result of an act that was categorized as a criminal act in the form of fraud, so that the
plaintiff must first prove the existence of a fraud, and the evidence is a criminal
decision regarding fraud from the District Court.
The provisions of Article 378 of the Criminal Code explain that what is meant by fraud
is a condition carried out by anyone with the intention of unlawfully benefiting
oneself or others, by using a false name or false dignity, by deception, or even a series
of lies, to move other people to hand over something to him, or to give a debt or write
off a debt, is punishable by fraud and is punished by a maximum imprisonment of
four years. It is defined as having occurred when one of the parties has intentionally
provided untrue information accompanied by cunning so that the other party in the
agreement is persuaded and then gives an agreement. In this case, the identity, date
address, and business address that are suspected of being fake are evidence of the
debtor's bad faith using deception. In addition, the traces of the debtor suddenly
disappeared and the whereabouts of the plaintiff as the guarantor were unknown.
If it is proven that the Notary has conspired with the appearer in making an authentic
deed using a false identity, and in a court decision it is decided that it is true that the
appearer has forged identity, then the Notary has jointly committed a criminal act of
fraud, namely Article 378 of the Criminal Code. falsification of identity, and can be
held criminally responsible in accordance with the sanctions imposed by the panel of
judges who decided the case.
3. Administrative accountability
Based on Article 16 paragraph (11) UUJN every violation will result in sanctions in
the form of:
a. written warning;
b. Temporary stop
c. Honorable discharge; or
d. Dishonorable discharge."
As for the imposition of sanctions against a Notary as above, it can be decided by the
MPW if the sanctions are in the form of an oral or written warning or decided by the
MPP if the decision is temporary dismissal or the Minister of Law and Human Rights
if the sanctions are in the form of dishonorable dismissal. The decision to impose
sanctions is made based on the considerations obtained by each supervisory agency
through an examination session.
Based on this explanation, it can be concluded that in UUJN the contents of a deed
drawn up before a notary are not his responsibility considering that what is written
is the will and approval desired by the appearers. Therefore, the Notary is only
responsible for the formal correctness of the deed, so that if the will and approval
given by the appeared are in accordance with statutory provisions, the responsibility
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lies with the appeared. However, if the will and willingness of the appearers are not
in accordance with statutory provisions, it is the responsibility of the Notary. This
relates to the provisions of Article 1320 Civil Code regarding the legal conditions of
the agreement, where an agreement must meet certain conditions and one of them is
about a halal reason.
Strength of Proof of Deed of Credit Agreement Allegedly Containing False Identities
of Appearers
An authentic deed has binding and perfect evidentiary power if it has external, material
and formal evidentiary strength. When viewed from the strength of evidence, the deed
of Credit Agreement as stated in the case in this study has fulfilled external or external
and formal evidentiary strength. This is because the deed as a deed of the parties or partij
deed, has fulfilled the formal and material requirements of a deed, namely the
requirements regarding the form of a notary deed and the procedure or mechanism for
making a notary deed and contains information on agreements and legal actions or legal
relations of the parties. party. However, when viewed from the strength of material
evidence, the deed of the Credit Agreement which is suspected of containing a false
identity does not meet the strength of material evidence. This is because the information
listed on the authentic deed is found false or inconsistent with the facts.
Based on the Decision of the Supreme Court Number 2510 K/Pdt 1991, the strength of
material evidence must be fulfilled so that an authentic deed has perfect evidentiary
power, the decision state that material evidence cannot be fulfilled if there is a
discrepancy in the information provided by the appearers to the Notary in bad faith and
which discrepancy is taken for granted by the Notary to be included in the deed so that
the deed he makes contains lies or is not the same as the existing reality. Therefore, as a
result of these circumstances, the Notary Deed only has the power of proof under the
hand so that the judge is no longer bound to assess the Notary Deed which is considered
defective as a binding and perfect proof as an authentic deed should be, as a result, the
deed can be canceled by judge or null and void. Regarding a deed that can be canceled
or null and void by law, it will be guided by the legal requirements of the agreement
where the subjective conditions are not fulfilled will cause the deed to be canceled,
whereas if it does not meet the objective conditions of the agreement, the agreement
becomes null and void.
Basically, the provisions in the previous UUJN regulated the cancellation of authentic
deeds, but these provisions were abolished and with the UUJN changes, currently the
conditions that can cause cancellation or legal cancellation of a notarial deed are no
longer regulated, the provisions in UUJN only discuss circumstances -circumstances that
can cause a deed to become a private deed, namely the non-fulfillment of the provisions
in Article 38, Article 39, Article 40, Article 44, Article 48, Article 49, Article 50 and Article
51 UUJN.
In line with the decline in the strength of proof of the Credit Agreement Deed to a private
deed, when viewed from the legal perspective of the agreement, the Deed agreed upon
by the parties does not meet the requirements for the validity of the agreement as stated
in Article 1320 of the Civil Code, namely objective requirements regarding lawful causes.
Article 1320 of the Civil Code requires that in order to become a valid and binding
agreement, it must meet the subjective requirements and objective requirements for the
validity of the agreement. Subjective requirements consist of two, namely skills between
the parties and the existence of an agreement by the parties regarding what was agreed
upon. Non-fulfillment of subjective conditions results in the agreement being cancelled.
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The point is that the parties who feel aggrieved can submit an annulment to the Court,
and based on the judge's considerations the agreement can be annulled. While objective
conditions are conditions regarding the object of the agreement which consists of two
things, namely certain things and lawful causes. The purpose of certain matters is that
in making an agreement there must be an object that is agreed upon, which must be
lawful or not violate laws and regulations or norms.
In line with the legal terms of the agreement above, if it is true that the Credit Agreement
Deed in Decision Number 140/PDT/2020/PT.DKI dated 20 April 2020 jo. The decision
of the North Jakarta District Court Number 101/Pdt.G/2015/PN.Jkt.Utr has been
proven to contain fraud in the identity of the appeared, so the Notary has committed an
act that is contrary to his legal obligations and violates the principles of thoroughness
and prudence in issuing the deed. In addition, the Deed or Agreement issued by a
Notary violates Article 1320 of the Civil Code because the Deed issued by a Notary is
issued on the basis of fictitious data and fraudulent acts in the form of forgery of identity,
which violates the principle of legal requirements for agreements, namely legal causes.
However, before being declared null and void by the court, the validity of documents,
data, and identities suspected of being fabricated, untrue, and fictitious must be tested
for the truth, so they must first be examined, proven, and decided by the competent
judicial body, namely the General Judicial Body with a decision that has the force of
permanent law. This is in accordance with the Indonesian Supreme Court Jurisprudence
dated 27 November 1975 No. 199 K/Sip/1973 which states: "A decision by a criminal
judge has perfect evidence in civil cases, both against a person convicted of a criminal
judge's decision and against a third party, by allowing evidence of resistance."
However, in Decision Number 140/PDT/2020/PT.DKI dated 20 April 2020 jo. North
Jakarta District Court Decision Number 101/Pdt.G/2015/PN.Jkt.Utr, in the answer
submitted by Defendant VIII, the Deed of Working Capital Credit Agreement is valid
and binding, because it complies with Article 1320 and Article 1338 of the Civil Code. At
the time of signing the Deed, the related parties namely Plaintiff, Defendant I, Defendant
III, and Defendant IV had come directly to Defendant VIII, and the parties had read and
understood the contents, intent, and purpose of the Deed of Agreement properly. Notary
in case of forged identity, Notaries do not have the authority to materially examine the
document in question. As for the deed in question by the Plaintiff, it has fulfilled the
formal requirements, moreover, it was made by interested parties, in front of Offices that
have the functions and authority given by the Law.
Conclusion
The decision of the North Jakarta District Court Number 101/Pdt.G/2015/PN.Jkt.UTR
has been proven to contain fraud in the identity of the apparel, the deed or agreement
issued by a Notary violates Article 1320 of the Civil Code because the deed issued by a
Notary is issued based on data- fictitious data and fraudulent acts in the form of forgery
of identity, which violates the principle of the terms of a valid agreement, namely lawful
causes. However, before being declared null and void by the court, the validity of
documents, data and identities suspected of being fabricated, untrue and fictitious must
be tested for the truth, so they must first be examined, proven and decided by the
competent judicial body, namely the General Judicial Body with a decision that has the
force of permanent law.
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