HANDAYANI, Nunik (2023) Pertanggungjawaban Pidana Penyertaan Pada Tindak Pidana Pemalsuan Akta Otentik Yang Dilakukan Oleh Notaris (Studi Putusan Nomor 996/Pid.B/2020/Pn.Plg, Putusan No: 535/Pid.B/2013/Pn.Pdg Dan Putusan Nomor 63/Pid.B/2020/Pn Smn). Masters thesis, UNIVERSITAS JENDERAL SOEDIRMAN.

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Abstract

This research is aimed at analyzing the legal construction of criminal responsibility including the crime of forging authentic deeds committed by notaries and notary staff and also comparing and analyzing judges' legal considerations of notary criminal liability in Decision Number 996/Pid.B/2020/PN.Plg, Decision No: 535/Pid.B/2013/PN.Pdg and Decision Number 63/Pid.B/2020/PN Smn through a normative approach. The results of the study show that the legal construction of criminal responsibility for the inclusion of the crime of forgery of authentic deeds carried out by a notary and notary staff is very much determined by the authority and mistakes of the perpetrator. In Decision Number 996/Pid.B/2020/Pn.Plg the deed made is an authentic deed where the Notary has the authority to make Deeds of Agreement and Distribution of Joint Assets. However, participation that is proven is not participation between the Notary and Staff, therefore the Notary Staff is individually and fully responsible for their actions. In Decision No: 535/Pid.B/2013/Pn.Pdg Notary has the authority to process the name of the HGB certificate. Both Notaries and their staff cooperate with each other to commit crimes so that the legal construction is (medeplager), therefore they are jointly responsible. In Decision Number 63/Pid.B/2020/Pn Smn Notary is not authorized to make a Power of Attorney for documents in a Land Utilization Permit (IPT). Forgery was carried out on the own initiative of a Notary Staff, even though the work was ordered by a Notary so that the Notary was declared free. However, he was still convicted of fraud. The judge's legal considerations of the notary's criminal responsibility for the crime of forgery of authentic deeds are strongly influenced by the actions of the perpetrator, factors that aggravating and mitigating the perpetrator.

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