NORMATIVE JURIDICAL ANALYSIS OF FORGERY OF AUTHENTIC DEEDS CARRIED OUT BY NOTARIES

The Notary Office Law does not explain the sanctions for Notaries clearly and in detail, only explaining on the Administrative and Civil Side, while Notaries cannot be said that Notaries are free from Criminal Sanctions, while the Notary's Office does not explain the Notary Criminal Sanctions section. Notaries can make mistakes such as committing intentional or unintentional forgery of deeds and these actions violate the Undang-undang Jabatan Notaris (UUJN) and the Notary Code of Ethics. From this case, administrative sanctions or code of professional ethics for the position of notary are imposed and civil sanctions can then become and be qualified as a criminal act committed by a Notary. The method is a descriptive analysis and use data analyzed qualitatively. This result is an explanation of how the application of criminal sanctions to Notaries who commit criminal acts of forgery of authentic deeds and the legal consequences of forgery of authentic deeds carried out by Notaries. As a result of the notary law, which is subject to criminal sanctions in the criminal act of forgery of authentic deeds along with deeds that are used as objects of the case in court for criminal cases, the notary defendant is sentenced to imprisonment and all deeds issued by the defendant's Notary are null and void.

available in writing in journals or books whose data has undergone analysis and data processing from previous researchers.
Data is analyzed qualitatively, where data will be processed and analyzed systematically.Qualitative data analysis is carried out interactively, because each stage is carried out in sequence and interrelated.Data that has gone through data analysis will then be reasoned inductively, which is a thought process in the form of drawing conclusions by means of special knowledge into general facts (Suteki &;Taufani, 2020).

RESULTS AND DISCUSSION Application of criminal sanctions against Notaries who commit the crime of forgery of authentic deeds
The judge conducts his legal considerations in granting sanctions or criminal judgments to notaries based on the provisions of Article 266 paragraph (1) of the Criminal Code which states that "Whoever orders to place false information into an authentiek deed about an event whose truth must be stated by the deed, with the intention of using or instructing others to use the deed as if the statement were in accordance with the real thing, and if in use of it it may bring harm, it shall be punished with imprisonment for not more than seven years."In essence, it states that the elements contained in the article are by means of the defendants who together falsified the contents of the deed so that it does not correspond to the facts.The deed he makes can harm others who have been described in article 266 paragraph (1) of the Criminal Code subject to criminal sanctions for Notary responsibility for his mistakes, which are divided into two, namely: a. Civil Liability, where a Notary Public is guilty of reneging on a promise as referred to in Article 1234 of the Civil Code or a violation of law as mentioned in Article 1365 of the Civil Code; b.Criminal Liability, if a notary public commits a mistake or negligence for violating laws and regulations intentionally or negligently causing others to bear losses.
In particular, as a state of law, as with administrative and civil sanctions, it is subject to cumulative criminal sanctions that are punitive or punitive.In the UUJN there is no regulation related to criminal sanctions for notaries who violate the provisions in the UUJN.If there is an offense by a notary of a criminal nature, he can be subject to criminal sanctions as in the Criminal Code.If Notaris make a deed that can lead to a criminal case.Then he must be held accountable for all his actions.This criminal enforcement procedure is in the form of a court decision containing the legal consequences of a verdict on a notary's unlawful actions, so that he can be convicted or imprisoned, as stipulated in the Criminal Code.The crime imposed on the notary must comply with the provisions in the law, there is a loss on the deed, and the deed is not in accordance with formal and material law.
With the enactment of Article 266 (1) of the Criminal Code, there is no formulation regarding being asked to enter false information, but it is implied that there is a sentence "in an authentic deed", which means that the person concerned is the maker of an authentic deed.Based on the decree, a Notary Public is a general official who has the authority to make authentic deeds.In carrying out his function to make this authentic deed, a notary must pay attention to the rules and applications submitted by the facer.On the other hand, there is a difference of opinion stating that the person who went to the Notary gave information to be included in the authentic deed, but the information given was not true.
If there is forgery of an authentic deed from a notary but not the notary who committed it, then he cannot be held administratively, civilly or criminally responsible.The criminal liability imposed on notaries is stated in Articles 55 and 56 of the Criminal Code that the maker and helper of the perpetrator will be subject to sanctions (Anggraeny &;Tongat, 2016).In carrying out this task, Notaries are prohibited from making falsifications as in Article 266 paragraph (1) of the Criminal Code, for individuals to Notaries and providing information about matters that are not in accordance with the facts.In this case, only the Notary Deed and its contents are notified.Thus, it is impossible to persuade (Article 55 paragraph (1) to 2 of the Criminal Code) or provide assistance (Article 56 of the Criminal Code) because there is no crime on the part of the Notary, because he is not aware of any false information in the deed.Thus, it is impossible to persuade (Article 55 paragraph (1) to 2 of the Criminal Code) or provide assistance (Article 56 of the Criminal Code) because there is no criminal act on the part of the Notary because he is not aware of any false information in the deed.Thus, it is impossible to persuade (Article 55 paragraph (1) to 2 of the Criminal Code) or provide assistance (Article 56 of the Criminal Code) because there is no criminal act on the part of the Notary because he is not aware of any false information in the deed.Thus, there can be no persuasion (Anwar, 2000).
If the notary has been proven to have committed an act of forgery of an authentic deed or cheated in making the deed, he will be subject to sanctions or penalties in the UUNJ and the code of ethics for the notary office.However, the process that must be taken is to undergo three conditions, which are based on the first provision.Based on Law No. 30 Year 2004 that individuals who commit acts of forgery on authentic deeds can be fired from office/Notary by the Minister because the person concerned is proven to have violated the Notary Professional Code of Ethics as a notary in making deeds.Based on the results of the first provision, it will be continued in accordance with the second provision, namely the existence of civil sanctions Article 1365 of the Civil Code regarding the obligation to pay compensation to parties who feel aggrieved, then there needs to be follow-up.Based on the third provision as in Article 264 paragraph (1) of the Criminal Code that forgery of letters is aggravated, while in Article 266 paragraph (1) that clients who ask Notaries to enter false information in the contents of authentic deeds, where in paragraphs (2) of Articles 264 and 266 of the Criminal Code contain the making of deeds that add information that seems to be true.
In criminal decision number 89/Pid.B/2020/PN Dps that the evidence revealed at the trial includes witness statements, letters and expert statements.District Court Judge.This court decision stated that notary I Putu Hamirtha, SHdiabove was proven to have violated the provisions of Article 264 paragraph (1) jo Article 88 of the Criminal Code.The defendant was convicted of committing a criminal offense to forge an outentic deed, so he was sentenced to a criminal sentence.In this case, the author is of the view that the accused should be charged under Article 264 paragraphs (1) and ( 2) of the Criminal Code Jo Article 56 of the Criminal Code.Investigators assessed that the accused deliberately helped the client or I Made Kartika to commit the crime and facilitate the crime.Thus, according to the researcher that the defendant is an individual who "helped commit" a criminal act, while I Made Kartika is a "person who committed" a criminal act.In addition, the allegations submitted by the Public Prosecutor must at least add paragraph (2) of Article 264 of the Criminal Code, that there is no coercion or telling others to make the contents of the akat as if it contains true statements or information and does not cause harm.
In decision number 89/Pid.B/2020/PN Dps, there is valid evidence that I Putu Hamirtha, deliberately provided the opportunity to help I Made Kartika to sell land through the preparation of Deed of Sale and Purchase Binding Agreement No. 4 dated April 4, 2017 and Power of Attorney to sell No. 5.The existence of the deed led to a new right, namely the control of land rights, which resulted in legal action over tenure rights by selling the land.This certainly caused losses to Kho Tjauw Tiam as the rightful owner of land rights.In this case, the action of the Defendant may refer to Article 263 of the Criminal Code-concerning Forgery of Letters, but because the object is an authentic deed it can be subject to Article 264 Criminal Code paragraphs (1) and ( 2).or forge a letter that may give rise to a right, engagement or debt of debt, or which as evidence......" Therefore, since not "making" has been proven, another is proven ("falsifying").The judge also in the judgment also argued so, so that no element of action that was not "falsified", had been fulfilled.
Based on normative measures that notaries commit violations in the field of criminal law, as mentioned in the judge's ruling.His actions fulfilled the formulation of Article 264 (1) jo Article 56 of the Criminal Code, based on the evidence revealed both by witnesses and other evidence such as letters.So notary I Putu Hamirta, SH of juridical measure can be categorized as malpractice in the field of criminal law, or briefly referred to as criminal practice.In connection with his actions, criminal procedural law becomes the authority of the general court whose process begins with the investigation and investigation stage, the investigation stage and the examination stage in court hearings.

Legal consequences for forgery of authentic deeds committed by notaries
A notary who forges a deed that becomes an intellectual deed or notary participant in forgery that can be categorized in the deed of offense cannot be legally tolerated by criminal decrees and UUJN.As for some criminal penalties, if the Notary is proven to have forged an authentic deed, the sanctions imposed include: a. Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning Notary Position In UUJN, it is explained that there are several administrative laws, namely the preventive stage by conducting supervision, and the repressive stage by applying sanctions to violators.In this preventive stage by checking the procedures that must be carried out by the notary on a regular basis, where this is done to prevent and minimize violations of the code of ethics by the notary.Meanwhile, at this repressive stage by imposing sanctions on violators, including: 1) The Regional Supervisory Panel shall give verbal and written reprimands.In addition, it can also propose to the Central Supervisory Board to dismiss notaries affected by cases of forgery of authentic deeds for 3 -6 months, or dismiss them dishonorably.
2) The Central Supervisory Panel, provides sanctions by way of suspension and has the right to submit a proposal to the Minister to sanction the notary by dishonorably dismissing him.
3) The minister, giving a decision to dismiss disrespectfully to a notary (Schafmeister, Kijzer, &;Sitorus, 2005).b.According to Burgerlijk Wetboek in the Civil Code Notary acts that make forgery of authentic deeds include violating the rule of law and containing elements of violation of law as contained in article 1365 of the Civil Code.An act can be said to be a violation of the law if it meets the following categories: 1) The existence of deeds (Daad) The purpose of the act in violation of the Law is: a) Active Deeds It means that individuals who commit acts against the law or legislation.In this case, this active act is the same as onwetmatig, that is, a new act is considered unlawful (Onrectmatig) if it conflicts with the laws in force in that place.According to the Penal Code Notaries can be criminalized if they are proven to have committed forgery or acted fraudulently during the preparation of authentic deeds.Where, in carrying out his duty to make authentic deeds do not pay attention to legal rules in making deeds and only refer to the rules of the Civil Code, or there is a notary's misunderstanding in interpreting, while the notary deed can be used as evidence in court.Criminal sanctions are the last punishment if other sanctions do not have a deterrent effect on violators.
A notary who commits a criminal offence can be given severe sanctions, namely dismissal from his profession as a notary by the Minister, because the person concerned is proven guilty and subject to imprisonment, as decided in the 2003 Ministerial Decree on Notarial Affairs article 21 paragraph (2) sub b that "Notaries are proven guilty directly related to their position or other crimes with a penalty of 5 (five) years imprisonment".The provision of sanctions either administratively, civilly or criminally is adjusted to the severity of the mistakes and fatalities that have been committed by the notary.Sanctions imposed on perpetrators or violators have different targets.Violations committed by perpetrators are the target of Administrative and Civil sanctions.While perpetrators or individuals who commit violations are targets of criminal sanctions.
a.The regional Supervisory Board gives verbal and written reprimands.In addition, it can also propose to the Central Supervisory Board to dismiss notaries affected by cases of forgery of authentic deeds for 3 -6 months, or dismiss them dishonorably.b.The Central Supervisory Panel, provides sanctions by way of suspension and has the right to submit a proposal to the Minister to sanction the notary by dishonorably dismissing him.
c.The minister, giving a decision to dismiss disrespectfully to a notary.Based on BW in the Civil Code, authentic deeds result from forgery by a notary, and all elements of the Unlawful Deed meet the elements mentioned in article 1365 of the Civil Code.Notaries can be criminalized if they are proven to have committed forgery or acted fraudulently during the preparation of authentic deeds.Where, in carrying out his duty to make authentic deeds do not pay attention to legal rules in making deeds and only refer to the rules of the Civil Code, or there is a notary's misunderstanding in interpreting, while the notary deed can be used as evidence in court.Criminal sanctions are the last punishment if other sanctions do not have a deterrent effect on violators.
Notaries can be dismissed by the Minister if the person concerned has been proven to have committed a criminal offense and he is subject to sanctions or punishment, as stipulated in the 2003 Ministerial Decree article 21 paragraph (2) point b that "Notaries are convicted directly related to their crimes or other crimes with a penalty of 5 (five) years imprisonment".The provision of sanctions either administratively, civilly or criminally is adjusted to the severity of the mistakes and fatalities that have been committed by the notary.Sanctions imposed on perpetrators or violators have different targets.Violations committed by perpetrators are the target of Administrative and Civil sanctions.While perpetrators or individuals who commit violations are targets of criminal sanctions.
Legal consequences for acts of violation by a Notary, where the conditions for the validity of the agreement are mentioned in Article 1320 of the Civil Code containing the agreement of the parties, the ability to act, there are objects and strong reasons for holding the agreement.If the act is a criminal offense, the terms of the agreement are seen based on the elements contained in the agreement.Mertokusuno, Darus, and Satrio stated that they had agreed on the elements of the agreement which included essential, natural and axial elements (Muljadi &;Widjaja, 2010).The first element is commonly known as the core part of the agreement, the second and third elements are referred to as the non-core part of the agreement.Essential: It is an element that absolutely must be possessed by a covenant, in order for the agreement to be valid and to apply the terms of the agreement.So the four conditions of Article 1320 of the Civil Code are elemental Essential agreements.In other words, the nature of the covenant is the essential defining nature of the agreement made (establishing).The element of naturalia is a common element attached to the covenant, that is, an element that is not specifically agreed upon in the tacit agreement is itself considered to be present in the agreement.This element isan innate property (natura) atau dilampirkan pada perjanjian.For example, the seller must guarantee hidden defects to the buyer.
When the Axeditary element, is an element that must be clearly contained in the agreement.If a dispute arises, the parties must be able to prove the validity of their certificate.It is stated in Article 41 of the UUJN-P that if a Notary Public violates the provisions written in Article 38, Article 39 and Article 40 of the UUJN-P then the deed is declared as a deed under hand, then the Notary Deed only has the power of proof as a deed under hand, but if the parties can make an authentic deed in court proceedings and result in the deed being voidable and the power of proof as a deed under hand no longer applies to involvement.Because of the legal assumptions relating to this irrevocable deed, a defective deed is incompetent to make a notary deed outwardly, formally, materially and is not in accordance with the law on Notary Deeds.The legal consequences of an authentic deed of Notary Public unlawfully cause the authentic deed to become a deed under hand and the deed can be canceled in accordance with the theory of authority and the concept of legal protection.As stated above in the theory of authority, Notaries in making authentic deeds as attributions are included in the authority, based on the provisions of Article 15 paragraph (1) of the Law on Amendment of UUJN.The occurrence of legal consequences in the form of an authentic deed becomes a deed under hand and the deed is void due to misuse committed by a Notary.

CONCLUSION
His actions fulfilled the formulation of Article 264 (1) jo Article 56 of the Criminal Code, against notary officials in committing violations in the field of criminal law, as mentioned in the judge's decision and based on the evidence revealed both by witnesses and other evidence such as letters.So notary I Putu Hamirta, SH of juridical measure can be termed as malpractice in the field of criminal law, or briefly referred to as criminal malpractice.In connection with his actions under criminal procedural law, there is an offense by a notary of a criminal nature, then he can be subject to criminal sanctions as in the Criminal Code.Notaries make deeds that can lead to criminal cases, then they must be responsible for all their actions.Criminal sanctions can be punished with imprisonment, because this certainly causes losses to Kho Tjauw Tiam as the legal owner of land rights.
Legal consequences for acts of violation by a Notary, where the conditions for the validity of the agreement are mentioned in Article 1320 of the Civil Code containing the agreement of the parties, the ability to act, there are objects and strong reasons for holding the agreement.If the act is a criminal b) Passive Deeds This means that the individual has neglected an obligation stipulated by laws and regulations.In this case, the individual does not carry out his obligations as a notary as stipulated in the law.Because of the act of ignoring the obligation, the individual concerned is considered to have committed passive actions.2) Such acts include violations of the law Individuals who commit actions that contain elements of civil law violations, then the legal basis for these actions in accordance with article 1365 of the Civil Code is if the legal subject has violated the following provisions: a) Violating written rules, including: Contrary to legal obligations Individuals who commit unlawful acts.In this case, the purpose of the law is all written and unwritten norms.Based on another description that this breach of legal obligations is the Law.The individual commits an act that violates the provisions he is obliged to do.For example, individuals commit violations of criminal law, such as stealing and embezzling funds.Violating the subjective rights of others Meyers said that subjective rights are special powers that individuals have for their own interests that have been guaranteed by law.Subjective rights include material and absolute rights, personal rights including the right to have integrity over kehidupan dan jiwanya sendiri, Hak atas benda milik pribadi, Hak atas nama baik dan kehormatan atas dirinya sendiri (Djojodirjo, 2006).b) Presence of losses In acts of violation of this law must contain elements that are detrimental to other parties.If there is another individual who feels aggrieved by someone's unlawful actions, then that individual may apply for compensation for his or her losses in court.The compensation can be material and non-material.In court, it is the judge who determines what compensation the individual deserves for his losses.3)