FORCE MAJEURE AND NOTARY RESPONSIBILITY: THE CASE OF THE DESTRUCTION OF DEED MINUTES

Abstract

Notaries, in carrying out their duties, have the authority to create authentic deeds, where authentic deeds serve as perfect evidence in court proceedings. According to Article 16 of the Notary Law (UUJN), the notary's obligation is not only to create authentic deeds but also to store them as part of the notary's protocol, which is a state document or archive that must be properly preserved and stored to prevent loss or destruction under any circumstances. The focus of this thesis is on the scenario where the notary's office, the place where all archives or protocols are stored, experiences a disaster or force majeure. The question arises whether the notary is still responsible for the destruction of the notarial protocol in such a case. The objective of this research is to examine and analyze the notary's responsibility for deed minutes that are destroyed due to force majeure and the legal construction of deed minute storage to minimize their loss due to force majeure. In this regard, concerning civil law liability, if the notary's negligence in safeguarding the notarial protocol results in losses for the parties involved, the notary's actions may be qualified as an Unlawful Act (PMH). PMH is regulated in Articles 1365 to 1367, stating that any unlawful act causing harm to others makes the perpetrator liable for the resulting losses. The legal consequences for a notary whose negligence leads to the loss or damage of deed minutes and failure to store them properly may result in administrative sanctions as stipulated in Article 9, paragraph (1), letter d of UUJN, which entails temporary suspension from the position of notary due to violating the obligations and prohibitions of the profession.