The Position and Responsibilities of Instrumental Witnesses in Deeds Made by Notaries according to UUJN

This study discusses the Notary as a public official who has the authority to make authentic deeds as stipulated in Act No. 30 of 2004 concerning the Position of Notary as amended by Act No. 2 of 2014. Notaries as regulated in the Law on Notary Position are obliged to keep confidential the contents of the deed he made. However, in the notarial deed there is also the role of 2 (two) witnesses, namely instrumentair witnesses, in this case, notary employees. The problem faced is what is the legal position of the instrumentair witness in relation to the notary's obligation to keep everything related to the deed made secret and the extent of the responsibility of the instrumentair witness notary deed. The results of this study indicate that the instrumentair witness in relation to the existence of a notary's obligation to keep secret everything related to the deed he made in Article 16 paragraph (1) letter f of the Amended UUJN, by law is not explicitly required for witnesses to keep the contents of the deed confidential so that if this instrumental witness leaks the contents of a deed, then the act is an unlawful act in Article 1365 of the Civil Code reads "every unlawful act, which brings harm to another person, obliges the person who because of the mistake of issuing the loss, compensates for the lossâ€. The Law on Notary Office as well as the provisions in the Notary Code of Ethics, only regulates the Notary's obligation to keep the contents of the deed secret, so that if an instrumental witness discloses the confidentiality of the contents of the deed, then there are no sanctions that are legally binding. The act of an instrumental witness who leaks the contents of the deed is not may be prosecuted criminally.Keywords: Instrumentair; Responsibility; Witness