Kajian Yuridis Mengenai Upaya Pembatalan Akta Sewa Menyewa yang Dibuat dengan Akta Notaris Namun Melampaui Waktu Hak untuk Melakukan Pembangunan dan Pengelolaan Aset Milik Pemerintah Daerah (Studi Perjanjian Kerja Sama Pemerintah Daerah Kota Balikpapan dengan PT Hasta Kreasi Mandiri dan PT Sentra Propertindo Sentosa)

Abstract

This study aims to provide an in-depth analysis of efforts to annul a lease agreement deed drawn up by a Notary on the grounds that the lease period exceeds the duration of the building use righis and the management of regional government assets held by the lessor. The legal issues examined focus on the legal force of a Lease Agreement Deed executed before a Notary where the lease period exceeds the duration of the rights held by the lessor, the liability of the Notary for the Lease Agreement Deed so executed, as well as the proof of the existence or absence of legal defects in the Lease Agreement Deed made by the Notary when it exceeds the rights of one of the parties as the basis for pursuing its annulment. The research method employed is a qualitative normative juridical approach using secondary data in the form of primary, secondary, and tertiary legal materials collected through library research and document study techniques. The data were then analyzed using qualitative data analysis methods with deductive reasoning in drawing conclusions. The results of the study conclude that a lease agreement deed made by a Notary that exceeds the duration of the rights held by the lessor has no legal force because it goes beyond the rights and authority of the lessor. In this case, the Notary also failed to carry out the obligations as stipulated in Article 16 paragraph (1) letter a of the Law on Notary Office (UUJN) and failed to apply the principle of prudence. As a consequence of such negligence, the Notary may be held legally liable, as notarial liability is personal in nature and remains attached even after the term of office has ended, as expressly provided under the UUJN. Accordingly, a juridical review of efforts to annul a lease agreement deed made before a Notary that exceeds the duration of the rights to carry out development and management under the cooperation agreement between the Regional Government of Balikpapan City and PT Hasta Kreasi Mandiri and PT Sentra Propertindo Sentosa, when examined based on the theory of legal certainty, is legally defective due to exceeding the rights of the parties over the development and management of the market as a regional government asset and is therefore null and void by operation of law. When viewed from the theory of legal liability, the Notary may be held legally accountable for negligence in performing his or her duties to ensure accuracy, correctness, verification of the legality of the object, and the rights and authority of the parties. Furthermore, when viewed from the theory of legal protection, the available remedy is the provision of repressive legal protection through efforts to annul the Lease Agreement Deed through judicial proceedings.