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KEKUATAN HUKUM PERJANJIAN PENGIKATAN JUAL BELI DALAM PROSES BALIK NAMA SERTIPIKAT (STUDI PUTUSAN NOMOR 635/PDT.G/2020/PN DPS) Yapferonica, Yapferonica; Djaja, Benny; Sudirman, M.
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 23, No 2 (2025): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/hdm.v23i2.6595

Abstract

ABSTRACT; The Sale and Purchase Agreement Binding (Perjanjian Pengikatan Jual Beli/PPJB) is a preliminary agreement entered into between a prospective seller and a prospective buyer, containing mutual promises and stipulations that serve as a precondition for the execution of a definitive sale and purchase agreement. The main issues examined in this research are: (1) the legal force of the Sale and Purchase Agreement Binding, and (2) the legal protection afforded to the land buyer against the actions of the notary and the sixth defendant. This research adopts a normative legal research methodology with a descriptive approach. The data utilized in the study consist of secondary data, including primary and secondary legal materials, collected through literature review. The analysis is conducted using qualitative methods and conclusions are drawn deductively. The Sale and Purchase Agreement Binding dated February 1, 2013, possesses evidentiary value equivalent to that of an authentic deed and has been accepted as valid evidence in court proceedings. The buyer in this case is a bona fide purchaser who is entitled to legal protection through repressive legal measures. Kristian, as the seller, is deemed to have complied with the prevailing laws and regulations.
Liability of a Notary for Factual Errors in Authentic Deeds: Tanggung Jawab Notaris atas Cacat Faktual dalam Akta Autentik Yapferonica, Yapferonica; Djaja, Benny
Academia Open Vol. 11 No. 1 (2026): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.11.2026.14162

Abstract

General Background: Authentic deeds function as legal instruments with perfect evidentiary value and play a central role in ensuring legal certainty within the national legal system. Specific Background: Notaries, as public officials authorized to formalize legal acts, are required to uphold prudence, professionalism, and compliance with statutory regulations in drafting authentic deeds. Knowledge Gap: Despite normative limitations that place notarial responsibility primarily on formal aspects of deeds, ambiguity persists regarding the extent of liability when factual defects arise from negligence or intentional misconduct. Aims: This study aims to examine the legal considerations in determining notarial liability for the substance of authentic deeds and to analyze the forms and scope of legal responsibility related to deeds that do not reflect factual circumstances. Results: Using a normative juridical approach with statutory and conceptual analysis, the study finds that notarial liability may extend beyond formal responsibility when there is insufficient verification, lack of prudence, or active involvement in inserting inaccurate information into authentic deeds. Such conditions may result in administrative, civil, and criminal consequences, particularly in cases involving falsification, fraud, or misuse of authority. Novelty: This study emphasizes multidimensional notarial liability by distinguishing formal and material accountability while integrating prudential principles, professional ethics, and criminal law perspectives. Implications: The findings underline the necessity of rigorous document verification, ethical compliance, and professional integrity to preserve the credibility of authentic deeds as instruments of legal certainty and public trust. Highlights: Verification duties determine accountability boundaries in drafting official legal documents. Negligence and intentional misconduct may trigger administrative, civil, and criminal sanctions. Professional ethics and prudential standards remain essential for maintaining evidentiary credibility. Keywords: Notary, Accountability, Authentic Deeds