KEKUATAN PEMBUKTIAN PERDATA ATAS MINUTA AKTA YANG HILANG DAN IMPLIKASINYA TERHADAP TANGGUNG JAWAB NOTARIS

Abstract

The existence of a minute deed as the original document in the notarial protocol is an essential element in maintaining the authenticity of a notarial deed. The loss of a minute deed in practice creates legal uncertainty regarding the evidentiary force of the deed and has implications for notary liability. The issues raised in this study are: how is the civil evidentiary force of a lost minute deed, and how is the notary's liability for the loss of a minute deed. The theories used as analytical tools are the evidentiary theory of R. Subekti and the legal liability theory of Hans Kelsen.This research employs a normative legal research method, namely library-based legal research using secondary data sources consisting of primary, secondary, and tertiary legal materials. The research approaches used are the Statute Approach, Conceptual Approach, Analytical Approach, and Case Approach. Legal materials were collected by identifying and inventorying positive legal rules, literature, journals, and other legal sources. The analysis was conducted using grammatical interpretation, systematic interpretation, and legal construction methods, including analogy construction and legal refinement. The research findings reveal that the loss of a minute deed affects the position of a notarial deed as authentic evidence because the external, formal, and material evidentiary aspects cannot be optimally fulfilled. The absence of a minute deed prevents the deed from being verified for its authenticity and may reduce its evidentiary value in court. Furthermore, a notary has a legal obligation to preserve and maintain minute deeds as part of the notarial protocol. Negligence resulting in the loss of a minute deed may lead to administrative, civil, or criminal liability depending on the legal consequences arising from such loss