Analisis Yuridis terhadap Akta Notaris yang Secara Hukum dapat Dibatalkan Melalui Putusan Pengadilan (Studi Kasus terhadap Putusan Pengadilan No. 75/PDT.G/2006/PN.MDN)

Abstract

Issuing a deed of established is one of the public official authorities as a notary. In their assignment performance precise and carefulness is a must, with the result there will be no conflict appears in the future. A deed of established that has been issued authentic contains every acts, agreements and determining that supervised by contracting parties and witnesses, otherwise a deed of established describes about a chronology that has been happened, it was caused by the act that has been done by contracting parties that made agreement was caused by other contractor parties in front of a notary. Frequently, once a deed of established was signed, some of the contracting parties disobey the agreement. Accusations appear by the contracting parties that felt suffered as the impact of disobeying the agreement, until the Judge decided to abrogate a deed of established, by iss'1ing a. powerful law decision. In many cases, a notary might be the accused and sometimes also the guilty one. The problem in this research the factors that cause a deed of established is abrogated by the court, what are the juridical effects to a deed of established that has been abrogated by the court, and what are a notary responsible of an abrogated of a deed of established by the court decision. This research is analyst descriptive by using juridical normative approach. Research location in Medan court of first instance investigate to Medan's court of first instance decision No:75/Pdt.G/2006/PN.Mdn and interview with a notary who has a workspace in Medan city. The result of this research shows that factors cause the abrogation of a deed of established because of the abrogation was submitted by other contracting parties that felt suffered by other contracting parties since the reluctant of agreement and the action against the law. The juridical impacts to a deed of established which abrogated by the court are, a deed of established is abrogated for law and the legal action that arranged on a deed of established is automatically abrogate for law with consequence all the conditions are back to initial conditions. Mean while the notary could not be claimed for the responsible since in the issuing proceed of a deed of established found that the notary has a good will and all of the formality conditions was fulfilled, whereas reluctant to agreement and action against the law by the contracting parries, the notary did not involve in.