Tinjauan Yuridis Terhadap Perbuatan Melawan Hukum Yang Dilakukan Oleh Notaris dan Kreditur Dalam Pembuatan Akta Autentik (Studi Putusan Nomor :1048/PK/PDT/2022)

Abstract

Article I paragraph (1) of the Notary Position Act No. 30 of 2004 as amended by Act No. 2 of 2014 stipulates that a notary is a public official authorized to draw up authentic deeds. However, in the execution of such deeds, notaries may act negligently, which can lead to legal consequences both for the deed itself and for the notary. This study aims to analyze the unlawful acts committed by notaries and creditors in the drafting of authentic deeds, as well as the resulting sanctions and liabilities imposed on notaries who engage in such misconduct.

This research adopts a normative juridical approach, which involves the identification of legal norms, principles, and doctrines to resolve legal issues. In normative legal research, the law is often conceptualized as what is written in legislation ("law in books") and serves as a standard of behavior deemed proper and acceptable in society

The results of this study, entitled "Juridical Review of Unlawful Acts Committed by Notaries and Creditors in the Execution of Authentic Deeds (Case Study: Supreme Court Decision No. 1048/PK/Pdt/2022)," indicate that the liability of a notary in the event of an unlawful act concerning an anthentic deed depends on the specific circumstances of the case. If a notary is proven to have committed an unlawful act in collaboration with one of the appearing parties, both the notary and said party are jointly liable for any resulting damages. Furthermore, such liability is not limited to civil compensation but may also extend to criminal liability. If an authentic deed is found to be based on an unlawful act, it shall be deemed legally owalid and null and void by law.