Abuse Of Notarial Authority In The Making Of Land Rights Transfer Deeds Without The Owner's Consent A Juridical Analysis Of Supreme Court Decision Number 379 K/Pid/2021

Abstract

Notaries hold attributive authority to draft authentic deeds, yet the Notary Law does not clearly delineate administrative violations from criminal liability, creating a normative gap. This legal issue is analyzed through Supreme Court Decision Number 379 K/Pid/2021 concerning a land-rights-transfer deed made without the owner's consent. This normative-juridical, descriptive-analytical research applies statute, conceptual and case approaches. The findings show that the abuse of authority occurred in the substance, procedure and public-office dimensions of the notarial function, producing tripartite legal consequences in civil, criminal and administrative law. Amending the Notary Law to formulate explicit intent-based parameters is proposed as a solution to close this normative gap.