Keabsahan Akta Notaris Tentang Perjanjian Sewa Menyewa Ruko yang dibuat dengan Kehadiran Saksi Akta yang tidak Sebenarnya (Studi Kasus Putusan Mahkamah Agung Nomor 1266 K/Pdt/2022)

Abstract

A notary may inclucle the presence of witnesses in a deed even when, in reality, the witnesses were never present not signed the document. This study aims to explorc the legal status of witnesses in notarial deed issuance, the legal consequences of notarial deeds signed in the presence of false witnesses, and the application of legal principles by the judges in Case No. 1266 K/Pdt/2022 regarding a shop rental agreement notarized with falsely stated witnesses. They study adopts a normative juridical approach with ci prescriptive nature, using primary, secondary, and tertiary legal materials. Data collection techniques involve library research through document analysis, with deductive reasoning use for drawing conclusions. The legal standing of witnesses in notarial deed issuance requires that witnesses be present during the deed's creation, sign the document, and verify, the formal requirements stipulated under Article 38(4)(c) of the Indonesian Notary Law (UUJN), Article 1868 of the Indonesian Civil Code, and Article 40(1) of the UUJN-P. A notarial deed is considered legally complete when all formalities are fulfilled, giving it full evidentiary value. The legal consequences of a notarial deed signed without witnesses involve reduced evidentiary value, rendering the deed equivalent to a privately signed document, as outlined in Article 16(9) of the UUJN and Article 4(6) of the Notary Code of Ethics. In Case who. 1266 K/Pdt/2022, the shop rental agreement between the plaintiff and defendant. notarized based on mutual consent, met the legal requirements for contract validity under Article 1320 of the Indonesian Civil Code. The absence of witness did not invalidate the contract, as both objective and subjective contract validity requirements were met. However, the notary violated the Code of Ethics by failing to perform duties with honesty and professionalism as required by Article 70 of the UUJN