The Liability of Notaries as Class II Auction Officials for the Validity of Auction Documents in the Auction Process
Abstract
The liability of a Notary acting as a Class II Auction Official regarding the validity of auction documents is essential, as it determines the extent of their responsibility and the depth of verification required to prevent potential legal disputes. This research aims to analyze: (1) the legal standing and authority of Notaries as Class II Auction Officials; (2) the forms of legal liability of Notaries as Class II Auction Officials for the validity of auction documents; and (3) the legal consequences for Notaries as Class II Auction Officials if proven negligent in ensuring the validity of auction documents. The research method employed is normative legal research, utilizing statutory and conceptual approaches. The data is analyzed qualitatively and descriptively. The results indicate that a Notary holds the status of a public official who may concurrently serve as a Class II Auction Official based on the Law on Notary Positions (UUJN) to conduct voluntary non-executory auctions and is authorized to draft the Auction Minutes (Risalah Lelang). Their liability encompasses formal and material aspects, limited to the principle of prudence in verifying the chain of legal events. Regarding legal consequences, if a Notary as a Class II Auction Official is proven negligent in ensuring document validity or intentionally commits forgery thereby causing the Auction Minutes to lose their authenticity they may be subject to civil, administrative, and criminal sanctions, as well as ethical code violations.
How to Cite This Article
Regina Anynditha Putri Hikmawan, Sudiarto, I Gusti Agung Wisudawan (2026). The Liability of Notaries as Class II Auction Officials for the Validity of Auction Documents in the Auction Process . International Journal of Judicial Law (IJJL), 5(3), 82-88. DOI: https://doi.org/10.54660/IJJL.2026.5.3.82-88