Tanggungjawab Notaris Terhadap Akta Perjanjian Jual Beli Rumah Yang Dikeluarkan Berdasarkan Keterangan Palsu Oleh Para Pihak (Studi Putusan Pengadilan Nomor 433/Pdt.G/2021/PN/Mdn)

Abstract

A notary's official duties and authority are not solely for personal interests, but also serve the public interest. A notary is obligated to ensure the truthfulness of the deeds they draw up. Therefore, a notary is expected to act with honesty, fairness, and transparency in preparing authentic deeds to safeguard all parties directly involved. In carrying out their professional duties, a notary must adhere strictly to the notarial code of of ethics; otherwise, the dignity and professionalism of the notarial office may be undermined, leading to a lots of public trust.

This study employs a normative legal research method, using primary, secondary, and tertiary legal materials, analyzed qualitatively. The legal validity of a deed of sale and purchase based on false statements may violate the objective requirements of a lawful cause in an agreement. As such, a notarial deed prepared using false evidence is null and void by law. "Null and void" means that the deed is considered never to have existed and has no binding legal force from the outset.

In the Court Decision Number 433/Pdt.G/2021/PN Mdn, the panel of judges considered that if a notary is proven to have knowingly or negligently included false information in a deed, this constitutes both a violation of the notarial code of ethics and an unlawful act. As a consequence, the notarial deed in question, being based on false statements, is declared null and void by law.