Authentic Deeds And Notarial Accountability In Fisheries Vessel Transactions

Abstract

Illegal, unreported, and unregulated (IUU) fishing is commonly addressed through patrols, vessel monitoring, licensing controls, and criminal enforcement. These measures remain incomplete when the legal identity and ownership history of a vessel cannot be verified. This article examines the legal function of authentic deeds in fisheries-vessel transactions and clarifies the accountability of Indonesian notaries within an ownership-transparency framework. The study uses normative juridical research with statutory, conceptual, and case-oriented approaches. It analyses the Civil Code, the Commercial Code, the Notary Position Law, fisheries and shipping regulations, beneficial-ownership regulation, and relevant international law. The analysis finds that an authentic deed strengthens proof of the parties’ declarations, date, and execution, but it does not by itself establish the substantive truth of every document or guarantee lawful fishing activity. Notarial accountability therefore depends on the scope of statutory duties, professional diligence, knowledge, causation, and the distinction between formal verification and investigative enforcement. The article proposes a risk-based maritime ownership gateway that connects notarial records, ship registration, beneficial-ownership information, and fisheries licensing. The proposal is legally more defensible when implemented through interoperable verification, defined data access, audit trails, and institutional responsibility rather than through an assumption that notaries are the sole enforcement gatekeepers.