Analisis Hukum Pertimbangan Hakim terhadap Penetapan Pengadilan tentang Pembuatan Kembali Atas Minuta Akta yang Hilang (Studi Penetapan Nomor 77/PDT.G/2020/PN.Jkt.Pst)

Abstract

The Notary Office Law obligates notaries to keep the minuta deed. The loss of a minuta deed results in legal uncertainty regarding the copy of the deed. A minuta deed is the original deed that serves as perfect evidence in court. Notary Theresia Lusiati, S.H., experienced the loss of a minuta deed during an office move. She filed a petition for a court decision, which was granted by the court. Based on this, the research aims to determine the legal regulations concerning the loss of a minuta deed according to the legislation, the legal status of a lost minuta deed and its re-creation based on the Court Decision Number 77/Pdt.P/2020/PN Jkt. Pst, and the legal analysis of the judges' considerations in granting the replacement of the lost minuta deed according to Decision No. 77/Pdt.P/2020/PN Jkt Pst. The research method used is normative juridical, employing a statutory approach and a case approach, utilizing literature or secondary data. The data collection technique employed is library research. This study uses a descriptive qualitative approach and tends to use inductive analysis. The Notary Office Law Number 2 of 2014, amending Law Number 30 of 2004. does not yet regulate the steps a notary should take if a minuta deed is lost. The legal status of re-creating a new minuta deed based on a court decision is legally valid if the lost minuta deed is a PKR (Meeting Resolution Statement) deed, not a Partij deed. Judges' considerations in granting the re-creation of the lost minuta deed according to Central Jakarta District Court Decision No. 77/Pdt.P/2020 allow for the creation of a new minuta deed but do not establish legal certainty for Partij deeds known to have renvois.