Authentic Deeds and The Rights of The Deaf: Regulatory and Ethical Perspectives on Notarial Practice
Year: 2025
Type: article
Abstract: This study explores the legal obligations of Notaries in the preparation of authentic deeds involving deaf clients, with a focus on ensuring the fulfillment of their legal rights. According to Article 16 paragraph (1) letter m of the Indonesian Notary Position Law (Undang-Undang Jabatan Notaris or UUJN-P), Notaries are required to read aloud the contents of the deed to ensure the client's comprehension and consent. However, this provision lacks specificity in addressing the needs of clients with sensory disabilities, particularly the deaf. Employing a normative juridical method, this research analyzes existing legislation, comparative legal theories, and authoritative legal doctrines. The findings reveal a normative gap in the current legal framework, which does not explicitly mandate the presence of a sign language interpreter during the deed-reading process for deaf clients. This regulatory deficiency raises concerns regarding the legal protection and equal access to justice for persons with disabilities. Consequently, the study underscores the urgent need for more comprehensive and inclusive legal provisions to ensure legal certainty and the protection of the rights of deaf individuals in notarial practices.
Institution: Warmadewa University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4413195939