The Principle of Notary Prudence in Making Deeds for Attendees in Detention Houses

Abstract

Every individual, including those who have the status of a prisoner or prisoner, still has civil rights to be able to carry out legal relations such as executing agreements or transactions and acting as a witness in an authentic deed made by a Notary. Prisoners are suspects or defendants who are undergoing judicial proceedings and are detained in state prisons, while prisoners are convicts who are serving prison sentences for a certain period of time and life or death row inmates who are awaiting the implementation of sentences, who are undergoing coaching in correctional institutions. For prisoners or inmates, there is a risk of cancellation in the event that the signing is done by those who are not free. Although their civil rights are still protected, the cancellation of the deed can still occur if there is an element of abuse of circumstances in the signing of an authentic deed. This study analyzes the steps that need to be taken by Notaries in making authentic deeds for prisoners or inmates, taking into account the principles of freedom of contract and the legal conditions of the agreement, as well as the formal procedures that must be met by Notaries as public officials. The method used is a doctrinal approach, with an analysis of laws and regulations and legal literature to identify the principles of prudence that must be applied by Notaries. Prisoners or inmates retain civil rights during the sentence, such as committing civil law acts, including buying and selling and grants, provided that there is no restriction or revocation of rights based on regulations or judges' decisions. The Law on the Notary Position also does not stipulate that there is a prohibition for Notaries to make deeds in the presence of prisoners or prisoners. Notaries must ensure material aspects such as making deeds in accordance with legal procedures, ensuring freedom of contract, the legal requirements of the agreement are met, and formal aspects in the form of procedures that must be carried out by Notaries to ensure the validity of making an authentic deed. These two things are included in the principle of prudence that needs to be applied by the Notary for the sake of certainty and legal protection for the parties and the Notary.