The degradation of Notarial deed in the aspect of Law on evidence

Abstract

The purposes of this study are to analyse the cause of the degradation of notarial deed; analyse the juridical implications in the proving process, if the Notarial deed is degraded from its position as an authentic deed; and analyse the responsibility of a Notary to the event of degradation to the deed he or she made. This study is legal research, which uses statute, case, and conceptual approaches. The legal material analysis was performed through the descriptive perspective. The results showed that the degradation of Notarial deed can occur if the process in creating a Notarial deed is not exhaustive, and does not fulfil the formal and material requirements of a deed, as stated in the provisions of the Law on the Notary office. The position of a Notarial deed as an authentic deed, and in the law upon proving, occupies the position as a strong evidence because it has a perfect and binding evidentiary value.

Keywords: Degradation, Notarial deed, Law, Evidence