Author(s): Leny Mutiara Ambarita, Pasu Malau, Humala Sitinjak Mukidi, Rudy Pramono, Nelvitia Purba
Indonesia as a legal state based on Pancasila and the 1945 Constitution of the Republic of Indonesia is obliged to carry out law enforcement that reflects justice, certainty, and maximum benefit for the purpose of protecting law, order and people's welfare. Law Number 2 of 2014 concerning Amendments to the Law on Notary Positions Number 30 of 2004 concerning Notary Positions has been enacted as a substitute for Regalement op Het Ambit in Nederland’s Indie (Stbl. 1860:3) or Notary Position Regulations (PJN). In carrying out his duties and positions, a Notary/Official Land Deed Maker must comply with existing regulations and all applicable regulations, without prejudice to anything that exists in the community. The problems faced are How is the Notary's responsibility to the authentic deed made not fair? What are the weaknesses of Notary's responsibility to the authentic deed made? How is the reconstruction of Notary's responsibility to the authentic deed made based on the value of justice? The method used in this study is a constructivist, descriptive and normative juridical paradigm because this research is intended to produce a reconstruction of thoughts or ideas as well as a new theory in terms of the Notary's accountability to the authentic deed made. If viewed from the above provisions, Article 8 of the UUJN Number 30 of 2004 in conjunction with Article 65 of the UUJN Number 2 of 2014 then the Notary who has retired must still be responsible for the deed he made. Responsibilities of Notaries when viewed from Law Number 30 of 2004 concerning Notary Positions are very closely related to the duties and work of Notaries. The principle of responsibility used is accountability based on mistakes. From the experience of Notary officials while responding to the existence of justice, it is hoped that a reconstruction of the Notary's responsibility is based on the experience of previous Notaries, so it is important for the reconstruction of the Notary's responsibility to refer to the Notary Position Act that is in effect to date. In the provisions of Article 65 of the Amendment Notary Act, it is stated that the Notary must be responsible for every deed he has made even though the Notary protocol has been submitted or transferred to another Notary. This provision provides a ambiguous understanding because the clause in the article does not explicitly state how long a Notary must be responsible for the deed he has made. Expires, the person concerned also ceases to be responsible for the position he has held.