Tanggung Jawab Notaris dalam Akta Perjanjian Jual Beli Lunas Tanah dan Bangunan yang Dibuat dihadapan Notaris (Studi Putusan Nomor 179/PDT/2018/PT.Btn)

Abstract

A Notary has the authority to make authentic deeds by prioritizing the principles specified in Article 16, paragraph 91) of UUJN (Notarial Act). In this research, the Notary does not use Article 16, paragraph (1) in conjunction with Article 39, paragraph (2) of UUJN so that the deed causes harm for the persons appearing. The research problems are as follows: how about Notary's liability in a contract of buying and selling land and building in cash, how about the legal protection for the buyer who has good faith in the contract, and how about the analysis on the panel of judges ' legal consideration in the Verdict No. 179/Pdt/2018/PT Btn on the contract of fully paid sale and purchase of land and building. The research employs juridical normative method with descriptive analytic approach. The objective is to describe a situation or phenomenon in determining whether there is a correlation between one phenomenon and the other one. The data are collected through library research. The result of the research shows that Notary's liability for a deed of sale and purchase contract he has made is that when he is not prudent enough in making an authentic deed, he will be imposed by a sanction to give compensation to the harmed party. The legal protection for a buyer who has good faith in a fully paid sale and purchase of land and building depends on the content of the PPJB (Buying and Selling Contract) itself The legal consideration of the panel of judges in the Verdict No. 179/Pdt/2018/PT Btn on the fully paid sale and purchase of land and building is that the Notary has conducted the research and verification, and in the process of signing the contract, either the seller or the buyer do not get any complaint until the process of writing the Minutes by the defendant is done.