IMPLEMENTATION OF THE NOTARY’S PRINCIPLE OF PRUDENCE IN THE PREPARATION OF AUTHENTIC DEEDS AS AN EFFORT TO PREVENT DISPUTES: AN EMPIRICAL STUDY IN BATAM CITY

Abstract

The principle of prudence is an important part of the implementation of the Notary's position in making authentic deeds. Notaries are required to act trustworthy, honest, thorough, independent, impartial, and protect the interests of the parties. The application of this principle is necessary to ensure legal certainty and prevent disputes due to identity errors, incomplete documents, unclear objects or problems in the will of the parties. This study aims to analyze the implementation of the Notary's prudence principle in making authentic deeds as an effort to prevent disputes in Batam City and identify obstacles and solutions in its implementation. The study uses an empirical legal research method with a statutory, conceptual, and sociological approach. Data were obtained through interviews with Notaries and related parties and studies of primary, secondary, and tertiary legal materials. The results of the study indicate that the Notary has implemented the principle of prudence through checking the identity and competence of the person appearing, verifying documents, checking the authority and object of legal acts, ensuring the will of the parties, providing legal counseling, and fulfilling the formal requirements for making deeds. Obstacles encountered include incomplete documents, data discrepancies, limited information from the parties, pressure to expedite the deed-making process, and difficulties verifying certain data. Implementing the precautionary principle has a preventive function in minimizing the risk of disputes and maintaining the evidentiary power of authentic deeds. Optimization efforts are carried out through multi-layered document examinations, improving the competence and professionalism of Notaries, providing legal counseling to the parties, utilizing technology in data verification, and improving coordination with relevant agencies. By consistently applying the precautionary principle, Notaries can provide legal certainty and protection while reducing the potential for disputes that arise after the deed is made.