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Legal Implications of Notary's Responsibility for Unlawful Acts in The Making of Authentic Deeds Purwanti, Indah; Suwondo, Denny
Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.4.329-337

Abstract

Notaries as public officials are legally authorized to provide public services to the community, especially in the preparation of valid deeds that serve as flawless evidence. Article 1868 of the Civil Code stipulates that an authentic deed is a deed made in a form determined by law by or before a public official authorized for that purpose at the place where the deed was made. This thesis aims to determine the legal considerations of a Notary's unlawful acts in making authentic deeds and to determine the implications of notary liability for unlawful acts in making authentic deeds (Civil Case Study No. 259/Pdt.G/2020/PN Gin). The approach method used in this research is a normative juridical approach. The research specifications used are descriptive analysis, primary and secondary data sources, and qualitative analysis. This paper analyzes the problem with the theory of legal certainty and the theory of legal responsibility. Based on the research results in this study, the Gianyar District Court delegation Number 259/Pdt.G/2020/PN Gin emphasized that notaries as public officials have full responsibility for the accuracy of the form and content of the deeds they make. In this case, the notary was deemed negligent because he made several deeds used to legalize the "borrowed name" agreement between a foreign citizen and an Indonesian citizen, which is clearly prohibited by Article 26 paragraph (2) of the UUPA. Although the deed met the formal requirements, its substance was contrary to the law so that it was null and void and lost its authenticity. This negligence fulfills the elements of an unlawful act based on Article 1365 of the Civil Code and violates the obligations of office in Law Number 2 of 2014 concerning the Position of Notary. This decision emphasizes that notaries can be held accountable for civil, administrative, and criminal matters when the deeds they make cause losses and are contrary to the law. Therefore, notaries are obliged to uphold the principles of caution, honesty, and integrity to ensure that every deed is formally and substantially valid, so as to be able to realize legal certainty and justice for the community.
Notary's Responsibility for Land Sale and Purchase Agreement Deeds (PPJB) that Result in Default Satmoko Anggoro, Irawan; Suwondo, Denny
TABELLIUS: Journal of Law Vol 3, No 4 (2025): December 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze: 1) The Notary's responsibility for the deed of the Land Sale and Purchase Agreement (PPJB) which resulted in default. 2) Legal protection for parties who are harmed due to default in the implementation of the land PPJB made before a notary. This type of research is analytical descriptive research. The approach method in this research is sociological juridical. The type of data in this research is secondary data. The data collection method uses library techniques (document study). The analysis in this research is prescriptive. The results of the research concluded: 1) The Notary's responsibility for the deed of the Land Sale and Purchase Agreement (PPJB) which resulted in default, namely showing that the notary has legal, administrative, and moral responsibility for the legal consequences of the deed he made. Based on the decision, the notary was deemed negligent because he did not carry out his official obligations to act honestly, carefully, and impartially as regulated in Article 16 paragraph (1) letter a of the Notary Law. Therefore, the notary's responsibility in this case includes a legal obligation to restore the rights of the injured party, administrative responsibility for failing to maintain legal certainty, and moral responsibility for failing to be neutral in protecting parties acting in good faith. 2) Legal protection for parties who are harmed due to default in the implementation of the PPJB for land made before a notary is an effort by the state to guarantee certainty and justice for parties with good intentions. In the Decision of the Boyolali District Court Number 7/Pdt.G/2024/PN Byl, legal protection is provided to sellers who are harmed due to the buyer's default and the negligence of Notary/PPAT Sunarto, SH who continues to withhold the certificate even though the agreement has been null and void. Based on Philipus M. Hadjon's theory, legal protection in this case includes two forms, namely preventive and repressive. Preventive protection should be carried out by notaries through caution and clear legal explanations, while repressive protection is realized through court decisions that restore the rights of sellers. This case emphasizes the responsibility of public officials in maintaining legal certainty and substantive justice for parties with good intentions.