Lack of Regulations Regarding the Maximum Limit of Compensation That Can Be Charged to Notaries for Negligence in Making Authentic Deeds

Article 84 of Law Number 2 of 2014 concerning the Notary Public (UUJN) stipulates that notaries may be subject to compensation sanctions if they are negligent in making authentic deeds. However, the article does not stipulate a maximum limit for compensation that can be imposed, thus creating a legal vacuum that impacts legal certainty and protection for notaries and the public. This ambiguity opens up opportunities for excessive lawsuits and an imbalance between professional responsibility and legal protection for public officials. This study uses a statutory and conceptual approach by examining the relationship between Article 84 of the UUJN, Article 1365 of the Civil Code concerning unlawful acts, and Article 1243 of the Civil Code concerning breach of contract. The results indicate that the regulation of notary liability is still general and does not fulfill the lex certa principle as required by the theory of legal certainty. Comparison with the legal systems in the Netherlands, Germany, and France shows that the regulation of notary liability limits through a system of limited liability and professional liability insurance can provide balanced protection for the profession and service users. This study recommends revising Article 84 of the UUJN by adding provisions on maximum compensation limits, establishing implementing regulations, and implementing a mandatory professional insurance system. These regulations are expected to achieve justice, legal certainty, and proportional protection for all parties.