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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Liza Prihandhini
University of Indonesia
Law, Crime, Criminology & Criminal Justice

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The Abrogation of Sale and Purchase Binding Agreement (PPJB) Deed of Notary That Contains Standard Clause by a Verdict Lusiana Dwiyanti; Liza Prihandhini
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.1974

Abstract

The onus of making and undersign the Deed of Sale and Purchase Binding Agreement (PPJB) by a Notary is legally regulated in the PUPR Ministerial Decree No. 11/2019. This provides an obligation for a Notary in contrive the clause of the Binding Agreement that guarantees a legal preservation in the transition of land rights. In this research, the PPJB was using a standard clause containing an exoneration clause, thus causing an abrogation by a Verdict. This article uses a normative juridical research method, with secondary data and qualitative analysis. The eventuate is illustrate that the use of the principle of contract law is not legally valid if it contains an exoneration clause in it. As Public Officials who are charged with important duties and responsibilities, Notaries and PPATs must know all about legal studies related to make the deed so can avoid all lawsuits from parties that been disadvantaged due to disputes from the deed in the future.
Notary Responsibility for Legal Smuggling in the Issuance of Absolute Deed of Power of Attorney for Sale and Purchase of Land Rizky Hadiwidjayanti; Liza Prihandhini
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.2288

Abstract

This paper analyses the Notary's Responsibility for Legal Smuggling Acts in the Issuance of Absolute Power of Attorney for The Sale and Purchase of Land. In analysis used juridical-normative legal research methods. The data were collected through literature studies and analyzed qualitatively. This study concluded that in the case of the Batulicin District Court Decision Number 06/Pdt.G/2018/PN Bln, a notary named Pang Andreas Pangestu committed an unlawful act because he issued a Deed of Power of Attorney, which was categorized as an Absolute Power of Attorney containing the clauses referred to in the Instruction of the Minister of Home Affairs Number 14 of 1982, which was a form of legal smuggling to avoid obligations and prohibitions that had been regulated in legislation. Therefore, the Power of Attorney Deed was annulled. The Notary, in his position as a PPAT in doing the deed, is burdened with his responsibility. Such duties include criminal, civil and administrative liability. In this case, the Notary can be subject to civil commitment, which is punished with compensation of Rp 1,500,000,000 (one billion five hundred million rupiah) due to unlawful acts committed by him and can be subject to administrative responsibility also because the Notary committed violations in the UUJN, especially Article 16 paragraph 1 letter a.
Co-Authors Lusiana Dwiyanti Rizky Hadiwidjayanti