Pembuktian dibebaskannya dari segala dakwaan Notaris dalam menjalankan tugas dan jabatannya (Analisis Putusan Nomor 63/Pid.B/2020/PN.Smn)

Abstract

The duties and authorities of a Notary are regulated in Article 1 number 1 of the Law on Notary Positions (UUJN), namely making authentic deeds and other authorities as referred to in the UUJN. However, a Notary who has properly and correctly carried out his duties and positions in accordance with the applicable laws and regulations, can still be a suspect on charges of fraud and forgery. This will potentially to marginalize truth and justice, especially for notaries and the parties who are victims. As happened in the case of the decision of the Sleman District Court Number 63/Pid.B/2020/PN.Smn.

In this paper, the issue raised is how to prove the acquittal of all charges of a Notary who is criminalized in carrying out his duties and what is the basis for the judge's legal considerations in imposing a pure acquittal (Vrijspraak) against a Notary defendant in Decision Number 63/Pid.B/2020/PN . sm. To answer these problems, a normative juridical approach is used, while the legal theory used in this paper is the theory of evidence.

The results of this study are that the evidence for his acquittal of all charges of a notary in carrying out his duties and positions in the decision Number: 63/Pid.B/2020/PN.Smn is correct when it is associated with the theory of evidence based on the law in a negative way (negative wettellijk). bewijs theory). Furthermore, the judge's legal considerations in imposing a pure acquittal (Vrijpraak) against the defendant notary in the decision Number 63/Pid.B/2020/PN. Smn is appropriate when it is associated with Article 191 paragraph (1) of the Criminal Procedure Code regarding acquittal.