The Legal Position Of The Authentic Deed Whose Fingerprints Are Not Attached To The Deed Minuta Is Reviewed From Law Number 2 Of 2014 Concerning The Amendment Of Law Number 30 Year 2004 About The Department Of Notary

Kedudukan Hukum Akta Otentik yang Sidik Jarinya Tidak Dilekatkan Pada Minuta Akta Ditinjau Dari Undang-Undang Nomor 2 Tahun 2014 Tentang Perubahan Atas Undang-Undang Nomor 30 Tahun 2004 Tentang Jabatan Notaris

Abstract

Regulations in the field of notariatan have quite significant changes. The recent amendment of the Notariatan is law No. 2 of 2014 on the amendment to law No. 30 of 2004 on the notary department. One of the changes is about the attachment of fingerprint in notarial deed. Therefore, researchers conducted research on the problem of fingerprint sticking to the notary deed which aims to review and explain the fingerprint placement regulation on the deed minuta in accordance with the UUJN associated with the interpretation in the practice of notary and legal consequences of the deed that fingerprints are not conducted in accordance with the meaning in article 16 paragraph (1) C. The method of research used is normative juridical and the specification of research is descriptive analytical, namely in addition to using the principles and principles of the law in reviewing and analyzing the fingerprint attachment to notarial deed, researchers also conducted a direct interview with several speakers related to the writing of this thesis. The data analysis method used is qualitative normative. The results showed that first, UUJN did not regulate in detail the ordinance of sticking to the fingerprint. However, it is interpreted by the Indonesian notary public organization in his case by issuing a unity of attitude stating that the fingerprint used is the right thumb stamp. In addition to the fingerprint attachment in deed minuta, fingerprints are fixed on a separate sheet and then attached to the deed minuta. Secondly, UUJN does not regulate specifically regarding witnesses to article 16 sentence (1) C concerning the attachment of fingerprint of the complainers, but UUJN governs it in general the form of administrative sanctions as stipulated in article 16 paragraph (11) UUJN. Against a notary who does not carry out the obligation to attach the fingerprint of the the appearers on the minuta deed, will not reduce the validity or authenticity of the deed made by the notary in question, because the authentic deed is already a perfect evidence of what is contained therein. Thus, notarial deed is valid and binding and has the perfect proof of power.