Akibat Hukum atas Kelalaian Notaris dalam Penandatanganan Akta Menggunakan Kurir Ojek Online yang di Luar Wilayah Hukumnya

Abstract

This study examines the legal consequences and forms of liability arising from a notary’s negligence in facilitating the signing of a notarial deed through an online motorcycle-taxi courier outside the notary’s territorial authority. The research employs a normative juridical method using statutory and conceptual approaches. The analysis focuses on the provisions governing the authenticity of deeds, the territorial authority of notaries, the obligation to read and witness the signing of deeds, and civil, administrative, and ethical liability. The study finds that delivery of a deed to be signed through a courier cannot replace the notary’s direct presence and supervision. When the signing is conducted without simultaneous presence of the appearers, witnesses, and notary, and especially when it occurs beyond the notary’s territorial authority, the deed is exposed to formal defects. Such defects may result in the deed having evidentiary value only as a private deed, without automatically eliminating the underlying civil agreement when its substantive requirements remain fulfilled. The notary may also face civil claims for reimbursement of costs, compensation, and interest, as well as administrative and professional ethical sanctions. Therefore, efficiency in notarial services must not override the mandatory formalities intended to safeguard identity, free consent, legal capacity, and certainty of evidence.