The Use of Exoneration Clausules as a Legal Protection for Notary

Journal of Environmental Treatment Techniques

2020, Volume 8, Issue 4, Pages: 1450-1455

J. Environ. Treat. Tech.

ISSN: 2309-1185

Journal web link: http://www.jett.dormaj.com

https://doi.org/10.47277/JETT/8(4)1455

The Use of Exoneration Clausules as a Legal

Protection for Notary

Fenny Octavia*, HK Martono, Tundjung Herning Sitabuana, Gunawan Djajaputra

Universitas Tarumanagara-Jakarta

Received: 20/04/2020

Accepted: 30/09/2020

Published: 20/12/2020

Abstract

This article aims to examine the use of exoneration clauses in a Notary deeds, as a new form of legal protection for Notaries in Indonesia.

The research method used is juridical normative, with data collection techniques in the form of literature study of primary and secondary

legal materials, and supported by interviews in support of the two legal materials. The results showed that it is possible to include an

exoneration clause in a Notary deed, even though the Notary is not a party to the deed, the Notary can include the exoneration clause for his/

her own benefit. The exoneration clause as a self-protection effort carried out by a Notary, is a form of legal protection. In addition to

functioning as an initial warning to the parties in the agreement, with this clause if there is an individual who states/ gives something that is

untrue, then law enforcement officials can immediately take action against these parties without involving the Notary any further.

Keywords: Exoneration clause, Legal protection, Notary, Legal profession

what is detrimental to the Notary both morally and materially.

Introduction

Article 65 of the Law on Notary Position emphasizes that

Notaries are considered to be carrying out personal and lifelong

duties so that there is no time limit for accountability, because of

this, the inherent responsibility is stuck to the former Notary

wherever that he/ she may be [3]. This article has strengthened

the Notary as a legal profession who needs to be legally

protected in his/ her position as a profession, not only as a

Notary, but also as a person. The Law on Notary Position has

provided legal protection, however it is deemed insufficient to

provide protection for the Notaries. In reality, there are still

summons to Notaries by law enforcement officials, even by

agencies/ institutions for things that are sometimes irrelevant.

The essence of an authentic deed is sufficient to provide

evidence without the need to present a Notary who made the

deed. Even in the event that the Notary has carried out his duties

in accordance with the laws and regulations, it is not uncommon

One form of state service to the public is by providing

facilities to the public to obtain evidence or legal documents

related to civil law. The authority for this purpose is given by the

State to public officials who’s professions are known in

Indonesia as the Notary. In its development, Notaries have

played a very big role in supporting the wheels of the national

economy, structuring non-governmental organizations and

political parties [1]. This is in line with the start of Indonesia

entering the era of the Industrial Revolution 4.0, which is clearly

seen by the application of a large-scale and comprehensive

internet network system in almost all sectors to facilitate access

to internal information in Ministries and agencies. The purpose

of this digital bureaucracy is of course to simplify business

processes to make them easier, faster and cheaper. So that

Notaries are required to play an active role in supporting

Government policies in electronically integrated services, in

their efforts to make Indonesia 4.0.

Even though a Notary has been careful and in accordance

with the statutory regulations in carrying out his/ her job duties,

can still face legal challanges that can bring him/ her to be

examine by law enforcement officials, whether it is an

investigators, a public prosecutors, or a judge, as a requirement

for the sake of the ongoing judicial process. Based on data

obtained from the Central Board of the Indonesian Notary

Association, up until 2016 the number of Notaries sentenced to

imprisonment were 137 Notaries [2]. However, there are many

cases in which the plaintiffs scrutinizing for faults of the Notary

for the mere purpose of profiteering from the case. Infact, this is

for the Notary to become

a defendant or co-defendant

accompanied by a lawsuit for compensation.

In this study, the authors tried to adopt an exoneration clause

as a form of legal protection for Notaries because in reality there

are problems arrises from the use of the exoneration clause.

Either because of the basis for the loading of the exoneration

clause itself on the notary deed or in terms of legal protection

given to the use of the exoneration clause. The relevance of the

Notary's use of the exoneration clause as a legal protection

measure even though that the Notary is not a party to the deed

he/ she has made. However, the Notary can still include the

exoneration clause in the deed of the parties. In addition, the

effectiveness and feasibility of their use remains a matter of

debate in practice. Notaries who carry out their positions in

accordance with their functions provide strong evidence needed

by the public, by deliberately using the exoneration clause he/

she prevent themselves from fulfilling their obligations. If this is

Corresponding author: Fenny Octavia, Universitas

Tarumanagara-Jakarta, E-mail: admin@knfo.co.id

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2020, Volume 8, Issue 4, Pages: 1450-1455

the case in current practice, the function of a Notary cannot be

fully implemented because it seems as if the Notary has released

themself from his/ her obligations and responsibilities, thus it

can be said that there is no guarantee of legal certainty.

Notaries his/ herself. Notaries who carry out their duties in

peace, their benefit can be felt by the business world and

society.

Studies on exoneration clauses and legal protection measures

has been carried out by several authors, however no studies has

been carried out on exoneration clauses as a means of legal

protection for Notaries. Studies on legal protection for Notaries

that have been carried out by several researchers including

Lumaria stated that Notaries must be protected in relation to the

position they carry out, for the interests of the parties regarding

the authentic deed they make, this form of protection is

contained in the Law on the Position of Notary [4]. Furthermore,

according to Erdi, the mechanism for the use of rights and

obligations of a Notary refusal in terms of maintaining the

confidentiality of the deed has received approval from the

Notary Honorary Council to state that the deed is true of the

person in question, but when it comes to content, it is

appropriate for the Notary to exercise his right of denial [5].

Studies on exoneration clauses that have been carried out by

several researchers include Nizla Rohaya, who further

concluded that there is a prohibition on the use of standard

clauses containing exoneration clauses for some business entities

by Law No. 8 of 1999 concerning Consumer Protection (UUPK)

gives the impression that the form of prohibition on the use of

standard agreements is considered to greatly hinder economic

activity, even though this is not the case [6]. In contrast to the

studies conducted by Muhammad Saiful Rizal who examined

the form of legal protection of personal data for consumers

against exoneration clauses in online transportation, it is divided

into preventive and repressive legal protection. However, on a

civil basis in the UUPK it becomes null and void by law, so

business entities must revise the standard agreement containing

the exoneration clause and compensate for losses incurred by the

consumers [7].

Based on the description of the studies above, it can be seen

that there is a significant difference with this study, namely that

even though it examines legal protection, the studies are carried

out separately, there is no combination of the studies between

the exoneration clause and legal protection of Notaries. Even the

exoneration clause is positioned as a form of threat that causes

injustice due to an unbalanced form of obligation and

responsibility. Apart from that, the forms of legal protection

discussed are those that already exist which are stated in the Law

on Notary’s position. In contrast to this studies, where the

exoneration clause is placed as an effort to provide legal

protection and this form of legal protection has not been

regulated in the Law on Notary’s position. Study on the

exoneration clause that is used as a measure of legal protection

for notaries related to the deed they have made can be

ascertained that it has never been done.

Research Methods

The method used in the this study is normative juridical

research method. Normative legal research is legal study that

places law as a norm system building [8]. The specifications of

this studies are descriptive analytical study, prescriptive study,

and exploratory study. Furthermore, what is meant by

prescriptive study, according to Prasetyo Hadi Purwandaka as

quoted by Moh Nazir, is "a study to obtain suggestions and ideas

in dealing with certain problems" [9]. This is not different from

the opinion of Soerjono Soekanto who said that prescriptive

study is "a study aimed at getting suggestions for solving certain

problems" [10].

The definition of explorative study is "a study that aims to

explore broadly about the causes or things that influence the

occurrence of something" [11]. Exploratory study is study that

aims to map an object relatively deeply or in other words

exploratory study is a study that is conducted to find causes or

things that influence the occurrence of something and is used

when we do not know exactly and specifically about the object

of our study. This study is used because the use of the

exoneration clause as a means of legal protection to Notaries is a

new thing, a new form of legal protection for Notaries.

The only source of normative legal study is secondary data.

Secondary data consists of primary legal materials; secondary

legal materials and tertiary legal materials [12]. In addition to

secondary data in the form of the three legal materials above,

according to Mukti Fajar, one of the materials used as a

complement to legal materials is by conducting interviews in

order to obtain data related to research [8]. It is different from

previous studies which only conducted literature studies without

any interviews. The interview in this case complements the

existing primary and secondary legal materials.

Literature Review

.1 Exoneration Clause

In the Kamus Besar Bahasa Indonesia (Indonesian

Dictionary) [13] defines that "an exoneration clause is a clause

included in an agreement whereby one party avoids fulfilling its

obligations by paying full or limited compensation, which

occurs due to broken promises or unlawful acts.

In Law Number 8 of 1999 concerning Consumer Protection,

the term exoneration clause itself is not found, it does exist is the

term "standard clause". Article 1 point 10 defines standard

clauses as "rules or conditions and conditions that are prepared

and determined unilaterally by a business entity as outlined in a

binding document/ agreement and must be fulfilled by

consumers." What this emphasized is the one-sided

manufacturing procedure, not the content. In fact, the definition

of an "exoneration clause" does not only question the

manufacturing procedure, but also its content which transfers the

responsibilities of business entities. In simple terms, this

In this regard, it is necessary to conduct study to determine

the basis for loading the exoneration clause in the Notary deed

and how the exoneration clause can provide legal protection for

the Notary, so that the Notary in carrying out his/ her duties in

accordance with the mandate and function based on the Law of

Notary’s position without any worry or anxiety. This is not to

protect Notaries who are in the wrong or abuse their authority,

but solely to protect Notaries who have carried out their duties

properly and earnestly, of course this will also provide justice,

especially for parties who use the services of Notaries and for

exoneration clause is defined as

a clause transferring

obligations/ responsibilities in the agreement. This clause can

occur at the will of one of the parties as outlined in the

agreement individually or en masse [14].

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2020, Volume 8, Issue 4, Pages: 1450-1455

Treitel defines the exoneration clause as “a clause excluding

or limiting liability“, which translates as “a clause that

eliminates or limits responsibility“ [15]. Barnes calls it the

exculpatory clause. The Exculpatory Clause according to Barnes

is “a provision in a contract that attempts to relieve one party to

the contract from liability for the consequences of his or her own

negligence“ [16]. Furthermore, Sutan Remy Sjahdemi [17] states

that the existence clause is a clause that aims to release or limit

the responsibility of one party to the lawsuit of the other party in

the event that the person concerned does not or does not

properly carry out his/ her obligations as stipulated in the

agreement. In line with the opinion of Sutan Remy Sjahdemi,

Munir Fuady [18], argues that the existence clause is a clause in

a contract that frees or limits the responsibility of a party in case

of default, whereas according to law, this responsibility should

be borne by the individual.

R.H.J. Engels mentions that there are three juridical forms of

the agreement with the exoneration clause, namely liability for

legal consequences, limited or waived own obligations, the

terms of release by one of the parties being charged with

assuming other responsibilities that may exist for losses incurred

or suffered by a third party [19]. From the various opinions

above, what is meant by an exoneration clause is a clause that is

used with the aim of basically to release or limit the liability of

one party to the lawsuit of the other party, in the event the

individual concerned does not or does not properly carry out his/

her obligations stipulated in the agreement.

by law by/ or before a public official who is authorized for that

purpose, at the place where the deed was made" [23].

The definition of a Notary Deed according to Article 1 point 7

of the Law on Notary Position, which states that "Notary Deed,

hereinafter referred to as Deed, is an authentic deed made by or

before a Notary according to the form and procedure stipulated

in this law." Sudikno Mertokusumo defines a deed as follows "A

deed is a letter as a sign of evidence, which contains events that

form the basis of a right or agreement, which was made from the

beginning on purpose for proof" [24].

Results and Discussion

In exercising its authority, especially in making authentic

deeds, whether we realize it or not, in making the deeds, the

Notary tries to limit liability to him/ herself as a profession that

has the risk of facing legal problems. This self-protection effort

has become a new form of legal protection, known as the

exoneration clause. This can be seen from the examples of deeds

distributed to participants in the congress of the Indonesian

Notary Public Association as well as seminars held by Regional

Administrators, Regional Administrators, and the Central

Executive of the Indonesian Notaries Association, contained the

contents of the exoneration clause.

Examples of self-protection clauses included in a Notary deed

include, among others:

Whereas the parties state that the deed has been read to the

parties and the parties sign it as a sign that they understand

and understand the contents of the deed, so that if a dispute

occurs both inside and outside the court, both civil and

criminal will not involve the Notary in any way and form;

Whereas the parties state that all the words or statements of

the parties written in this deed are true, if it becomes untrue,

then it is the responsibility of the parties and will not involve

the Notary;

Whereas the parties state that all letters or documents shown

by the parties to the Notary and their contents included in

this deed are true documents, if one day it is proven to be

untrue then it becomes the full responsibility of the parties

involved, and frees the Notary from legal consequences both

civil and criminal.

.2 Notary

According to the Kamus Besar Bahasa Indonesia

Indonesian Dictionary) [20], a Notary has the meaning of being

(

authorized by the government based on an appointment (in this

case, the Ministry of Law and Human Rights) to ratify and

witness various agreements, wills, deeds, and so on. Based on its

history in Indonesia, a Notary is a State official / or public

official who can be appointed by the State to carry out State

tasks in legal services to the public in order to achieve legal

certainty as an authentic deed-making official in matters of a

civil nature [21]. The definition of a Notary as referred to in

Article 1 number 1 of Law Number 30 of 2004 concerning the

Position of Notary which has been amended by Law Number 2

of 2014 concerning Amendments to Law Number 30 of 2004

concerning the Position of Notary (hereinafter referred to as Law

Notary Position Law), states that “Notary is a public official

who is authorized to make authentic deeds and has other powers

as referred to in this Law or based on other Laws”.

So far, the form of legal protection for Notaries that already

exists in Indonesia is only limited to what is in the laws and

regulations as has been researched by previous researchers.

Among other things, these legal protections are:

4.1 Special permission to summon a Notary

A Notary basic purpose is to prevent disputes, while a lawyer

aims to resolve disputes that have arisen [22]. The moral values

and ethical values of the Notary, lies in the service to the

community which is carried out independently and impartially.

This is carried out by the Notary as a life call that comes from

the spirit of devotion to fellow humans for the sake of the public

interest and is rooted in respect for human dignity in general and

the dignity of Notaries in particular [23].

In Article 66 of the Law on the Position of Notary, it states

that in the event that a Notary is summoned by an investigator,

public prosecutor and court, he must first obtain permission

from the Notary Honorary Council. The mechanism for

summons of Notaries is regulated in Permenkumham Number 7

of 2016 concerning Notary Honorary Council, if it goes into the

realm of pro-justice, the Notary Honorary Council will test

whether or not the Notary should come to fulfil the summons.

Product of Notary, namely deeds according to the Kamus

Besar Bahasa Indonesia (Indonesian Dictionary) [20], have the

meaning of a proof letter containing a statement (statement,

acknowledgment, etc.) which is made according to the

applicable regulations, witnessed and endorsed by a Notary or

authorized government official. In Article 1868 of the Civil

Code, an authentic deed is "a deed made in the form determined

.2 Rights of refusal

Regarding the right of refusal, it is regulated in Article 16

paragraph (1) letter e and Article 4 paragraph (2) of the Law on

the Position of Notary Public which states that the Notary has

taken an oath/ promise, among other things "that I will keep the

contents of the deed confidential and the information obtained in

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the execution of the position me". The obligation to keep

confidential can be carried out by exercising the Right of

Refusal, which is an exception to the provisions in Article 1909

of the Civil Code that everyone who is summoned as a witness

is obliged to testify before the court.

Likewise, a agreement for summons of a Notary will be given

if there is a criminal act by the Notary on Notary deed, in which

case the Notary's right of refusal will be void when the Notary

commits a criminal act. A criminal act which can be proven

through the confession of witnesses.

perpetrator, because the Notary in making the deed did not have

malicious intentions or mens rea elements to help the occurrence

of criminal acts in that way [26]. The same thing was conveyed

by the Head of the Land and Building Unit of the State Police of

the Republic of Indonesia, the Metro Jaya Resort Metropolitan

West Jakarta, Richardo Hutasoit, S.H., M.,H in his interview, he

was uncertain that a person who is a Notary, highly educated,

deliberately planned a crime together with his/ her client.

Generally, if there is a violation, it is solely a violation of

procedures and code of ethics that arises because of competition

[27].

The existence of an exoneration clause in the Notary deed

makes the parties responsible for themselves if the parties

provided false information to the Notary, on the other hand the

Notary as an official cannot be convicted in carrying out his

position. In addition to the exoneration clause it is useful as an

effort to protect the Notary, it provide certainty to the Notary,

and the exoneration clause is also useful for early warnings

which are expected to arouse awareness of the expectant which

is expected to be used for prevention so that when party

involved has mens rea from the beginning, the party will be

detered at mentioned of the clause [26].

Notaries are not part of the parties but can use the exoneration

clause in the deed because the Notary in carrying out his

position must protect the community as stakeholders so that the

deed he/ she makes is perfect. In addition, Notaries in carrying

out their positions must protect themselves from problems that

may arise. In its implementation, there are doubts regarding the

use of the exoneration clause by the Notary, because the Notary

is not a party to the agreement, but may include the exoneration

clause in his act. Regarding this, there are several views

regarding the basis for loading the exoneration clause, among

others [25]:

So far, in carrying out their duties, the Notary has adhered to

the principle that as long as the Notary carries out his/ her

position according to the oath of office, the Notary is protected

in carrying out his/ her job duties. Currently, this principle is no

longer valid because of an extraordinary increase in crime and

moral degradation. This can be seen by the inclusion of

fingerprints as a formal form of deed, as stated in Article 16

paragraph 1 letter C of the Law on the Position of Notary Public,

so parties who sign before a Notary also record fingerprints. The

aim is that the parties present to sign the deed cannot deny their

presence.

According to Dr. Winanto Wiryomartani, SH., MH., whom is

a member of the Notary Central Supervisory Council, in

practice, apart from the plantiff who sometimes have malicious

intention, Notaries also face challenges from law enforcement

officers which often occur when making a Notary deed, if the

identity is given to a Notary Public false, then in the event of an

investigation that follows, the Notary is considered to be a

collaborator, and is subject to article 55 of the Criminal Code.

The legal basis used by investigators when dealing with a notary

if there is a legal problem is almost always linking it to article 55

of the Criminal Code, so it is almost certained that when there is

a problem arises, the Notary will charge as collaborator by the

plantiff. For example, those who use false identities, then the

investigators immediately assume that the Notary is in

collaboration [25].

This situation occurs because of differences in viewpoints and

lack of understanding of law enforcement officers on the work

ethic and duties of Notaries, where Notaries file formal filings

while law enforcement officials are material, thus Notaries are

also deemed to file filings materially. The Notary makes an

authentic deed based on formal evidence and information from

non-material parties.

The consideration for the inclusion of an exoneration clause is

that existing legal protection measures are deemed insufficient

to reduce and avoid the Notary's involvement in cases that occur

between parties in the deed drawn up by the Notary. New legal

protections derived from law are the last alternative because they

take a long time to be realized. In the end, the use of the

exoneration clause that became the choice of the Notary as an

effort to protect the law.

a. Article 1338 of the Civil Code

The agreement made by the parties is binding as law.

This means that the agreement is made by the parties

in the form of a binding agreement and acts as an

obligation.

b. Supreme Court Decision Number 702 / K / SIP / 1973

dated 5 September 1973

An authentic deed made by an authentic deed official

is based on the formal evidence and statements of the

parties as outlined in the form of an authentic deed, if

there is a legal problem between the parties then all is

the responsibility of the parties.

c. Article 1317 of the Civil Code

In an agreement it is permissible to request the

stipulation of a promise for the benefit of a third party.

Article 1317 paragraph (2) states that Whoever has

promised that, may not withdraw it back, if the third

party has stated that he intends to use it.

The exoneration clause in this Notary deed is very much

needed, especially regarding what legal protection can be

provided against the provision of false data and information. So

that when a party provide false data or information, the person

responsible is that party. According to a member of the West

Java Notary Honorary Council, Dr. H. Dhody AR

Widjajaatmaja, SH, when the investigator found out that his/ her

identity was false and his/ her identity was tested as well, it

should have been processed based on article 263 of the Criminal

Code against the suspect, not the Notary who was drawn as the

Although Article 1317 of the Civil Code regulates promises

for the benefit of third parties, so that even though it is not a

Party to the agreement, its interests can still be regulated,

according to Dhody [21] in his interview Article 1317 of the

Civil Code is not a legal basis for making an exoneration clause

in the notary deed. Notary is not a party and must leave not as a

party, because if the Notary is a party (even though the Notary's

third party is still a party), the Notary's legal responsibility will

have a different context in terms of his criminal and civil

liability as a party with his legal responsibility as a Notary

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2020, Volume 8, Issue 4, Pages: 1450-1455

against criminal and civil charges. In connection with the

Notary's position as a party to the engagement that they made in

the form of an agreement, the exoneration clause merely

reminds the parties not to provide false information.

If, the Notary is part of the party, if there is a default, then the

Notary is involved as a party and becomes accountable. There

are two types of presence of a Notary who is summoned by Law

Enforcement Officials, namely presence in criminal cases and

attendance in civil cases. Notary as a defendant, in case the

Notary made an error. Notary as co-defendant in order to

comply with the Supreme Court Decision Number 1642 / H / Pdt

perspective of law enforcement officials who view notary deeds

as only evidence in the form of letters as referred to in the

Criminal Code. [28]. The current agreement between the

Indonesian Notary Association and the Police is more about

diplomatic relations, the technicality is how to understand the

authentic deed as evidence or evidence related to the Criminal

Procedure Code, in which the law has not been harmonized

[26].

The point of view of thinking within the community itself,

needs to be returned to the basis of the rule of law theory in

which everyone is legally responsible, in all laws and

regulations, including but not limited to the Criminal Code and

the Criminal Code. Every human being in this country is

responsible for their actions, thus giving false information in

front of officials is a criminal act [27].

Protection of Notaries does not mean to create a profession

that is immune to the law, but solely to protect the Notary but

does not eliminate the Notary's obligations so as not to harm the

parties who choose to use Notary services. The existence of the

exoneration clause is a form of legal responsibility for the

parties, because when they provide false information, the one

who loses is a notary. As long as someone who appears before

the Notary is in good health, not under interdiction or curator,

not under pressure or abuse of circumstances, if all are fulfilled

then there is no reason to deny everything stated in the deed.

Include the contents of the exoneration clause.

The exoneration clause in the Notary deed can provide legal

protection through the existence of the exoneration clause itself,

where the contents of the exoneration clause are statements of

the parties, in accordance with the theory of will, namely by

taking into account the wishes of the parties facing to make an

authentic deed in accordance with the law. related parties so as

not to violate existing statutory provisions.

2005, namely in the case of a claim for lack of parties, causing

the lawsuit to be rejected. Also, the defendant should not be sued

for compensation, should there be a claim it is the fault of the

party who sued. While a Notary is not a party so it cannot be

made a defendant and as a co-defendant just so that the lawsuit

is fulfilled, so that it is complete.

Although the existence of an exoneration clause at this time

has not been able to minimize the summons made by law

enforcement officials against the Notary Public, it can at least

minimize the possibility of the Notary being made a defendant

or co-defendant when false information provided is presented in

the deed he/ she made. This certainly has a significant impact on

the Notary profession, so that it can carry out its duties more

calmly without any fear and produce the right legal products..

Summons to Notaries that have not been minimized are

closely related to Investigators who act based on the Chief of

Police Regulation number 14 of 2012 concerning procedures for

how the police carry out legal proceedings. When receiving a

public report, the police are bound by the SP2HP (Notification

Letter on the Progress of Investigation Results) and are obliged

to respond to the report, whether the report will be continued or

stopped. If it is continued, there must be a report in the form of

SP2HP regarding the actions that have been carried out by the

investigator and the results.

In connection with the actions that have been taken by the

Investigator, the presence of a Notary is deemed necessary by

the Investigator in order to provide clarity. Head of Unit IDIK

IV Assets and Buildings of the State Police of the Republic of

Indonesia, Metro Jaya Resort Metro Bekasi Kota H. Untung

Riswaji, S.H., M.H., MM., in the interview, investigators

explained that in general, investigators were trying to obtain

clarity if it was true that the signatures were signed before the

Notary, if it was true, it meant that the people were really there,

not fictitious. In this case the investigator will conclude that the

deed is not a fake. Furthermore, an official report is made by the

investigator and the Notary summons for requesting information

is complete. However, if it is proven that a Notary is for

example, in collusion with one of the parties, and states

something that is not true in the deed, then the Notary is

inviolation of Article 264 of the Criminal Code regarding false

information in an authentic deed. In this case, Notaries can be

punished and cannot be protected [28].

In this study, there are still limitations, namely research that

has only been carried out among Notaries and some law

enforcement officials, not among other related groups such as

the public who use Notary services. Of course, it is interesting to

see how the point of view of other circles has direct implications

for the use of the exoneration clause as a form of legal

protection for Notaries. However, this study is the first research

that evaluates new forms of legal protection beyond what is

contained in the Notary Office Act by adopting a method from a

different field of science.

Closing

The existence of an exoneration clause at this time has not

been able to minimize the summons made by law enforcement

officials against Notaries, but at least it can reduce the

possibility of a Notary being made a defendant or co-defendant

when false information is found in the deed he makes. In the

event of a summons by an investigator or a lawyer, the Notary is

a form of legal protection provided, it is sufficient to show the

clause and confirm that he has carried out his/ her duties in

accordance with the Notary's oath of office. This certainly has a

significant impact on the Notary profession, so that it can carry

out its duties more calmly without any worries and produce the

right legal products.

The presence of a Notary only to explain, authentic deeds

based on law should be able to prove themselves without the

presence of the Notary maker. In the law of proof, authentic

deeds are the strongest and most fulfilling evidence, if someone

denies the evidence, then he/ she is obligated to prove it.

However, in reality the Notary must still be present to give

testimony to confirm the deed he/ she has made [27]. This is

back to the main problem, namely due to differences in the

Research on the use of exoneration clauses among the public

who use Notary services and other law enforcement officials

such as prosecutors and judges is deemed necessary to

harmonize thoughts and perspectives on how notaries work, so it

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Journal of Environmental Treatment Techniques

2020, Volume 8, Issue 4, Pages: 1450-1455

is hoped that the use of exoneration clauses as an effort to

protect the law against notaries can be maximized if the

perspective the views of each party that intersect in harmony.

18 Fuady M. Hukum Kontrak (Dari Sudut Pandang Hukum Bisnis)

Buku Kedua. Citra Aditya Bakti. Bandung. 2003.

Siahaan NH, Sudirman A, Nugroho YW. Hukum konsumen:

perlindungan konsumen dan tanggungjawab produk. Panta Rei;

005.

Ethical issue

Dan TP. Pengembangan Bahasa, Kamus Besar Bahasa Indonesia.

Jakarta: Balai Pustaka. 1990.

Authors are aware of, and comply with, best practice in

publication ethics specifically with regard to authorship

21 Mahja D. Undang-Undang Nomor 30 Tahun 2004 tentang Jabatan

Notaris. Jakarta: Durat Bahagia. 2005.

(

avoidance of guest authorship), dual submission, manipulation

Adjie H. Hukum Notaris Indonesia: Tafsir Tematik Terhadap UU

No. 30 Tahun 2004 Tentang Jabatan Notaris. Refika Aditama; 2008.

Budiono H. Notaris dan Kode Etiknya, Upgrading dan Refreshing

Course Nasional Ikatan Notaris Indonesia.

Mertokusumo S. Hukum Acara Perdata Indonesia, Edisi 8.

Yogyakarta. Liberty. 2010.

of figures, competing interests and compliance with policies on

research ethics. Authors adhere to publication requirements that

submitted work is original and has not been published elsewhere

in any language.

Wiryomartani W. Wawancara via telepon dengan narasumber, 2020.

Dhody ARW. Wawancara dengan narasumber, Bangi Kopi

Kalimalang, Bekasi, 2020.

Richardo H. Wawancara dengan narasumber, Kepolisian Negara

Republik Indonesia Daerah Metro Jaya Resort Metropolitan Jakarta

Barat, Jakarta, 2020.

Competing interests

The authors declare that there is no conflict of interest that

would prejudice the impartiality of this scientific work.

Authors’ contribution

All authors of this study have a complete contribution for

data collection, data analyses and manuscript writing.

28 Riswaji U. Wawancara dengan narasumber, Kepolisian Negara

Republik Indonesia Daerah Metro Jaya Resort Metro Bekasi Kota,

Kota Bekasi, 2020.

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