TANGGUNG JAWAB NOTARIS DALAM PEMBUATAN SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN

The purpose of this study to find out how the practice in the making of the Power of attorney to charge Mortgage in Banjarmasin City and to determine the responsibility of the Notary to the Power of attorney to charge Mortgage undated, made under its authority Notary create an authentic deed. This research was conducted by juridical empirical research through library studies and field studies. The overall data obtained were analyzed using a qualitative approach to seeking the truth qualitative. Finding the truth qualitative by using analysis synthesis mode. Based on the analysis-synthesis description above and then taken as an answer to the problems studied. The results showed that the practice in making of the Power of attorney to charge Mortgage in Banjarmasin City not fully in accordance with the procedures set forth in the manufacture the Power of attorney to charge Mortgage legislation, in practice making it, still found not in accordance with the procedure, which makes the Power of attorney to charge Mortgage in double, which was given first the Power of attorney to charge Mortgage date in accordance with the time of signing, while double the next Power of attorney to charge Mortgage not be dated according to the time of signature it, but given the calendar later by Notary and Notary responsible for the Power of attorney to charge Mortgage undated. Making it inconsistent with the formal aspects of the Notary deed, which is undated but was given it later, so the Notary can not guarantee the certainty of the date of the Power of attorney to charge Mortgage, for the injured party can hold accountable the Notary based on civil liability Civil Code Article 1365 , and pursuant to Article 85 Law of Notary for administrative and criminal liability under the criminal provisions of Article 264 paragraph (1) criminal Code, namely forgery of an authentic act