PRAKTIK PEMBUATAN AKTA DENGAN TANGGAL MUNDUR (BACKDATE) (STUDI PADA KANTOR NOTARIS TYI)

In this thesis, the author addresses the issue of creating documents with a backdated signature.
A backdated deed is a legal document made by indicating a date earlier than the actual date
on which the document is prepared. The creation of such a deed is considered a formal defect
as it violates Article 16 of the Notary Law (UUJN). Therefore, this research aims to explore
and analyze the practice of creating backdated deeds and examine the legal responsibility of
notaries for such practices at the TYI Notary Office. Based on these considerations, the thesis
raises two main research questions, which are How is the practice of creating backdated deeds
conducted at the TYI Notary Office? And What is the legal responsibility of the notary
regarding the creation of backdated deeds at the TYI Notary Office?. This thesis employs an
empirical research method. Data for the study were obtained through interviews and
observations with Notary TYI as the key informant. Primary, secondary, and tertiary legal
materials will be analyzed using qualitative data analysis techniques. The findings of this study
show that the practice of creating backdated deeds is fundamentally inconsistent with Article
16 of the Notary Law (UUJN). In legal terms, this results in a reduction of the evidentiary value
of the deed, which should be authentic, to that of a private document. If the notary deliberately
indicates an incorrect or false date, this action may lead to administrative or civil sanctions.
Therefore, creating backdated deeds is permissible as long as they remain classified as private
documents and meet the essential requirements for a valid agreement.