Analisis Yuridis Tanda Tangan terhadap Akta Penjualan dan Pembelian yang dibuat oleh Notaris (Studi Putusan Pengadilan Tinggi Medan Nomor 641/Pdt/2022/PT Mdn)

Abstract

The validity of Signature on a Sale and Purchase Deed involving familial relationships between the Plaintiff and the Defendant, who are siblings. The dispute arose after the Defendant purchased a house from their parents. Following the parents' death, the Plaintiff and their family occupied the house. When the Defendant intended to sell the house, the Plaintiff refused to move out, prompting the Defendant to report the Plaintiff to the authorities. This study aims to analyze the validity of land and house sale transactions between parents and one of their children conducted without the consent of other children, assessing the legal standing of the sale and purchase agreement under Indonesian civil law. The study employs a normative juridical method with a descriptive analytical approach. Secondary data sources consist of primary, secondary, and tertiary legal materials. Data collection techniques include library research and field studies, using document reviews and interviews as data collection tools. Data analysis is conducted qualitatively. The research findings indicate that this case refers to Article 1877 of the Indonesian Civil Code, considering legal facts and evidence presented in alignment with the Medan High Court Decision No. 641/PDT/2022/PT MDN. This serves to provide justice and legal certainty for the disputing parties. The Plaintiff, who disputes the signature on the Sale and Purchase Deed, bears the burden of proving its invalidity. The transaction can be legally annulled if a violation of applicable legal provisions is established.