PROFESSIONAL ETHICS, PRUDENCE, AND LEGAL IMPLICATIONS OF NOTARIAL DEEDS GRANTING POWER OF ATTORNEY TO SELL

Abstract

The making of Power of Attorney to Sell Deed Number 155 by Notary Wiwin Roswinanti, S.H. in the Sambong, Batang land case raises fundamental questions on professional ethics and the notarial prudence principle. The land was still registered under Tabari bin Dulah's name, offered by Karnoto who was not the certificate holder, while the object remained pledged as collateral at Koperasi Sekartama Batang. Using an empirical juridical approach, this research analyzes the reasons behind the notary's willingness to issue the deed, the conformity of the notary's conduct with standards of authority, prudence, and professional ethics, and the resulting legal implications. The findings indicate strong violations of the prudence principle and professional ethics, with potential implications including degradation of the deed's authentic evidentiary value, administrative sanctions, ethical liability, and civil liability.