Legal Certainty Principle of Notary’s Liability to Attach Fingerprints on Minuta Deed

Abstract

The Act Number 2 of 2014 on Position of Notary regulates some provisions that must be run by Notary. One of which is the obligation to attach fingerprints on Minuta Deed (the original deed), as stipulated in Article 16 Paragraph (1) sub-paragraph C of the Act that in carrying out the duty, Notary shall attach letters, documents and fingerprints on Minuta Deed. Article 16 Paragraph (1) sub-paragraph C stated that a notary must "attach" the fingerprint on Minuta Deed. It means that the fingerprint is taken in a paper other than Minuta paper. It is to avoid denial of the appearer of signing on Minuta, because the appearer may not know why the fingerprint is taken. Various kinds of interpretations appear related to the obligation of Notary in attaching fingerprints on Minuta deed. Some say that the appearer is required to put the tenth of the fingerprints, while others argue that the thumbprint is enough.

Keywords : Notary, Fingerprint, and Minuta deed