Pembatalan Akta Perjanjian Pinjam Meminjam dan Kuasa Menjual yang Dibuat Notaris Karena Alasan Adanya Cacat Kehendak (Analisis Putusan Mahkamah Agung Nomor 2828.K.Pdt.2017)

Abstract

An agreement arises from the mutual consent of two or more parties. This consent is formed through the meeting of an offer and an acceptance. For an agreement to be valid and binding, it must meet several conditions as stipulated in Article 1320 ofthe Indonesian Civil Code. However, it is possiblefor such consent to beflawed due to a defect ofwill (wilsgebreke). This research is a normative juridical study with a descriptive approach. The methods enlployed include statutory, case, and conceptual approaches. The data used are secondary data consisting of primary, secondary, and tertiary legal materials. Data were collected through literature review and document study, and analyzed qualitatively. The case analyzed in Supreme Court Decision Number 2828 K/Pdt/2017 concerns the nullification ofNotarial Deed Number 4 and Deed Number 5 dated August 5, 2015, which were deemed legally invalid due to the actions ofone party and the involvement ofthe notary. This studyfound that the defect of will included deceit, fraud, and imbalance in the formation of the deed. Such defect, which constitutes fraud and abuse of circumstances, is a legally recognized ground for annulment under the Civil Code. The cancellation ofa notarial deed nullifies its legal force, and thus renders the legal consequences of the agreement unenforceable. The plaintiff cannot demand debt repayment, and the aggrieved party may claim compensation. Therefore, it is essential to provide assistance to notaries to enhance their understanding of defects of will. In addition, it is recommended that the government regulate provisions concerning defects ofwill to serve as a guideline for law enforcement authorities.