Legal Certainty in Notarial Liability for the Execution of Deeds of Contract Termination Due to Breach of Contract

Abstract

This study examines legal certainty regarding a notary’s responsibility in drafting a deed of cancellation of an agreement due to breach of contract. The research problem focuses on the unclear limits of notarial liability when a deed of cancellation becomes the object of a civil dispute, particularly in the Decision of the Palembang District Court Number 26/Pdt.G/2025/PN Plg. Previous studies generally discussed notarial responsibility in a broad context, while the novelty of this research lies in analyzing the limits of a notary’s responsibility in a deed of cancellation as a partij deed from the perspective of legal certainty. This study employs normative legal research using statutory and case approaches. The findings indicate that a notary’s responsibility is limited to formal and procedural aspects in accordance with the Law on Notary Office, including identity verification, deed drafting procedures, deed reading, and signing. A notary is not responsible for the substance of the legal relationship or the breach of contract committed by the parties. The rejection of the plaintiff’s claim for damages confirms the absence of fault, negligence, or causal relationship between the notary’s actions and the losses incurred. This study contributes to clarifying the limits of notarial liability and strengthening legal certainty regarding authentic deeds in notarial studies.