Juridical Analysis of the Obligations and Responsibilities of Instrumenting Witnesses to the Process of Making a Notary Deed

Oct 13, 2025 by wbrum.org 145 views

Juridical Analysis of the Obligations and Responsibilities of Instrumenting Witnesses to the Process of Making a Notary Deed

Abstract

The process of making a notary deed is a crucial aspect of the legal system, and it involves the important role of instrumenting witnesses who attend and witness the signing of the deed. Although their presence is regulated in the Notary Position Law (UUJN), there are no clear regulations that explicitly regulate the obligations and responsibilities of instrumenting witnesses. This raises questions about the extent to which instrumenting witnesses can provide information, how to maintain the confidentiality of the notary deed, and what legal consequences will be received if there is a violation of confidentiality.

Introduction

In the process of making a notary deed, instrumenting witnesses play a vital role. They are present to witness the reading and signing of the deed, so they have knowledge of the contents of the deed. When legal problems and deeds occur in court, instrumenting witnesses are often called to be witnesses. However, there are no clear regulations regarding their obligations and responsibilities, such as:

*** Obligations to provide information: *** The extent to which instrumenting witnesses are required to provide information to investigators, prosecutors, and judges? *** Confidentiality of Deed: *** What is the responsibility of instrumenting witnesses in maintaining the confidentiality of the notary deed? *** Legal consequences: *** What are the legal sanctions given if instrumenting witnesses committed violations, such as leakage of information that harmed the parties concerned and notaries?

The lack of clear regulations regarding the obligations and responsibilities of instrumenting witnesses creates a legal vacuum that can lead to confusion and disputes. This study aims to provide a juridical analysis of the obligations and responsibilities of instrumenting witnesses to the process of making a notary deed.

Research Methods

This study uses a normative juridical method with the legal sociology approach. Primary and secondary data are collected through field research, including interviews with notaries and instrumenting witnesses. The research aims to provide a comprehensive understanding of the obligations and responsibilities of instrumenting witnesses and to identify the legal consequences of their actions.

Research Result

The results of the study showed that instrumenting witnesses have an obligation to understand the process of making a notary deed and ensure that the process meets the requirements set in the UUJN. This includes understanding the contents of the deed, witnessing the reading and signing of the deed, and ensuring that the deed is properly executed.

Confidentiality of Notary Deed

Although not explicitly regulated in the UUJN, the obligation to maintain the confidentiality of the deed remains attached to the instrumenting witness. The notary deed contains civil rights protected by the state, and instrumenting witnesses have a responsibility to maintain the confidentiality of the deed.

Obligations to Provide Information

The summons of instrumenting witnesses to become witnesses in court is not related to their obligations in the process of making deeds. They can only provide information related to their duties and responsibilities during the process of making a deed, such as witnessing the reading and signing of the deed.

Violations of the Confidentiality of the Deed

If instrumenting witnesses provide information outside of their obligations, then this can be considered a violation of the confidentiality of the deed and violates the law. This can lead to legal consequences, including fines and imprisonment.

Conclusion

Regulations regarding the obligations and responsibilities of instrumenting witnesses need to be clarified to avoid legal vacuum. This is important to protect the confidentiality of the notary deed, ensure the process of making a deed runs in accordance with the law, and provides legal certainty for all parties involved.

Recommendations

Based on the findings of this study, the following recommendations are made:

The UUJN should be amended to include clear regulations regarding the obligations and responsibilities of instrumenting witnesses.
Instrumenting witnesses should be provided with training and education on their obligations and responsibilities.
The legal consequences of violating the confidentiality of the deed should be clearly defined and enforced.

Keywords: Obligations, Instrumential Witnesses, Notary Deed, Confidentiality, Legal Consequences

Limitations of the Study

This study has several limitations, including:

The study only focuses on the obligations and responsibilities of instrumenting witnesses in the process of making a notary deed.
The study only collects data from notaries and instrumenting witnesses in a specific region.
The study does not provide a comprehensive analysis of the legal consequences of violating the confidentiality of the deed.

Future Research Directions

Future research should aim to:

Provide a comprehensive analysis of the legal consequences of violating the confidentiality of the deed.
Examine the obligations and responsibilities of instrumenting witnesses in other legal contexts.
Develop a framework for training and education of instrumenting witnesses on their obligations and responsibilities.

References

Notary Position Law (UUJN)
Indonesian Civil Code
Indonesian Criminal Code
Interviews with notaries and instrumenting witnesses

Appendix

The appendix includes additional data and information collected during the study, including:

Interview transcripts with notaries and instrumenting witnesses.
Data on the number of notary deeds made in the study area.
Data on the number of instrumenting witnesses involved in the study.
Frequently Asked Questions (FAQs) about the Obligations and Responsibilities of Instrumenting Witnesses to the Process of Making a Notary Deed

Q: What is the role of an instrumenting witness in the process of making a notary deed?

A: An instrumenting witness plays a vital role in the process of making a notary deed. They are present to witness the reading and signing of the deed, ensuring that the deed is properly executed and that the parties involved are aware of the contents of the deed.

Q: What are the obligations of an instrumenting witness?

A: The obligations of an instrumenting witness include:

Understanding the process of making a notary deed and ensuring that the process meets the requirements set in the UUJN.
Witnessing the reading and signing of the deed.
Ensuring that the deed is properly executed.
Maintaining the confidentiality of the deed.

Q: What is the responsibility of an instrumenting witness in maintaining the confidentiality of the deed?

A: The responsibility of an instrumenting witness in maintaining the confidentiality of the deed is to ensure that the contents of the deed are not disclosed to anyone without the consent of the parties involved.

Q: What are the legal consequences of violating the confidentiality of the deed?

A: The legal consequences of violating the confidentiality of the deed include fines and imprisonment.

Q: Can an instrumenting witness be called to be a witness in court?

A: Yes, an instrumenting witness can be called to be a witness in court. However, their testimony is limited to their duties and responsibilities during the process of making a deed.

Q: What is the difference between an instrumenting witness and a witness in court?

A: An instrumenting witness is a witness who is present during the process of making a notary deed, while a witness in court is a witness who is called to testify in a court of law.

Q: How can an instrumenting witness ensure that they are fulfilling their obligations and responsibilities?

A: An instrumenting witness can ensure that they are fulfilling their obligations and responsibilities by:

Understanding the process of making a notary deed and ensuring that the process meets the requirements set in the UUJN.
Maintaining the confidentiality of the deed.
Providing accurate and truthful testimony in court, if called to be a witness.

Q: What are the benefits of having clear regulations regarding the obligations and responsibilities of instrumenting witnesses?

A: The benefits of having clear regulations regarding the obligations and responsibilities of instrumenting witnesses include:

Ensuring that the process of making a notary deed is conducted in accordance with the law.
Protecting the confidentiality of the deed.
Providing legal certainty for all parties involved.

Q: How can instrumenting witnesses receive training and education on their obligations and responsibilities?

A: Instrumenting witnesses can receive training and education on their obligations and responsibilities through:

Workshops and seminars.
Online courses and training programs.
Mentorship programs.

Q: What are the next steps for instrumenting witnesses to ensure that they are fulfilling their obligations and responsibilities?

A: The next steps for instrumenting witnesses to ensure that they are fulfilling their obligations and responsibilities include:

Understanding the process of making a notary deed and ensuring that the process meets the requirements set in the UUJN.
Maintaining the confidentiality of the deed.
Providing accurate and truthful testimony in court, if called to be a witness.

Q: How can instrumenting witnesses stay up-to-date with changes in the law and regulations regarding their obligations and responsibilities?

A: Instrumenting witnesses can stay up-to-date with changes in the law and regulations regarding their obligations and responsibilities by:

Attending workshops and seminars.
Participating in online forums and discussion groups.
Subscribing to newsletters and updates from relevant organizations.

Q: What are the consequences of not fulfilling the obligations and responsibilities of an instrumenting witness?

A: The consequences of not fulfilling the obligations and responsibilities of an instrumenting witness include:

Fines and imprisonment.
Loss of reputation and credibility.
Damage to relationships with clients and colleagues.

Q: How can instrumenting witnesses avoid the consequences of not fulfilling their obligations and responsibilities?

A: Instrumenting witnesses can avoid the consequences of not fulfilling their obligations and responsibilities by:

Understanding the process of making a notary deed and ensuring that the process meets the requirements set in the UUJN.
Maintaining the confidentiality of the deed.
Providing accurate and truthful testimony in court, if called to be a witness.