Putra Hutomo
Program Pascasarjana Magister Kenotariatan, Universitas Jayabaya Jakarta

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

TANGGUNG JAWAB NOTARIS ATAS AKTA DIBAWAH TANGAN YANG DILEGALISASI SEBAGAI ALAT BUKTI DI PENGADILAN Mario Sembiring Meliala; Felicitas Sri Marniati; Putra Hutomo
Journal of Innovation Research and Knowledge Vol. 5 No. 11 (2026): April 2026
Publisher : Bajang Institute

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

Abstract

In proving a privately drawn deed in Court, one of the judge's duties is to investigate the truth of a legal relationship that is the basis of a lawsuit. A privately drawn deed legalized by a notary, as long as it is not denied or disputed by the parties, has the same legal force as an authentic deed. The problems in this study are how is the position of a privately drawn deed legalized by a Notary as court evidence, and the Notary's liability for a privately drawn deed legalized as court evidence. The theories used are the theory of proof according to H. Riduan Syahrani and the theory of legal liability according to Hans Kelsen. The method used in this research is a normative juridical research type, namely library research or secondary data with primary, secondary, and tertiary legal material sources. With the Legislation approach, Case Approach Analytical Approach, Conceptual Approach and Legal material collection techniques are carried out by identifying and inventorying positive legal regulations, book literature, journals and other legal material sources. For analysis techniques with grammatical interpretation, systematic interpretation, Analogy Construction and Legal Refinement Construction. This study examines the legal implications of claims based on privately executed deeds that have been legalized by a notary. As long as the privately executed deed is not denied or disputed by the parties, it possesses evidentiary value equivalent to that of an authentic deed. However, if the authenticity of the signatures contained in the privately executed deed is contested, the validity of the deed must be proven through other means of evidence, such as witness testimony, presumptions, and admissions. Furthermore, this research analyzes the notary’s responsibility in relation to the legalization of privately executed deeds. The notary’s responsibility is limited to providing certainty regarding the authenticity of the signatures and the date of execution. Legalization by a notary ensures that the signatures affixed to the deed genuinely belong to the parties to the agreement and not to any other person, as well as providing certainty as to the date on which the deed was signed.
TANGGUNG JAWAB NOTARIS DALAM PEMBUATAN AKTA PERJANJIAN PENGIKATAN JUAL BELI TANAH YANG MENGATUR KLAUSUL JUAL BELI DENGAN HAK MEMBELI KEMBALI Maryano; Elisabeth Novena; Maryano Maryano; Putra Hutomo
Journal of Innovation Research and Knowledge Vol. 5 No. 5 (2025): Oktober 2025
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53625/jirk.v5i5.11458

Abstract

A notary holds an essential role in drafting the Land Sale and Purchase Binding Agreement (PPJB). Issues arise regarding the buy back clause as regulated in the Indonesian Civil Code (KUHPerdata). De facto, this clause is no longer relevant following the enactment of the Basic Agrarian Law (UUPA). In practice, it is found that notaries sometimes prepare PPJBs whose provisions contradict agrarian law principles and are disguised as loan agreements. This research examines two main issues: (1) What are the legal consequences of a PPJB deed that regulates a sale and purchase agreement with a buy-back clause? (2) What are the responsibilities of a notary in drafting a PPJB deed that includes a sale and purchase agreement with a buy back clause? The analysis in this research employs the Theory of Legal Consequences by R. Soeroso and the Theory of Legal Responsibility by Hans Kelsen. The method used in this research is normative juridical research, especially Library Law research or secondary data with primary, secondary and tertiary sources of law. The research approaches used include legislative approaches, case studies, conceptual, and analytical methodologies. And the method of collecting such legal materials is carried out by identifying and inventorying positive law, journals and other sources of law. The method used in analyzing the material of grammatical laws and systematic interpretation. The research findings indicate that a Land Sale and Purchase Binding Agreement (PPJB) containing a buy back clause is null and void by law, as it contradicts agrarian law and is misused as a loan agreement A notary who fails to ensure the conformity of the deed with the actual facts may be held administratively and civilly liable under the Articles 84 and 85 of Indonesian Notary Law (UUJN). Therefore, notaries are obliged to provide legal counseling and exercise due diligence to prevent the misuse of PPJB, and regulators should amend Article 17 of the UUJN concerning the prohibition for notaries, specifically prohibiting notaries from drafting a PPJB of land with a buy-back clause.
Tanggung Jawab Notaris Atas Akta Perjanjian Pengikatan Jual Beli Saham Yang Dibalut Dengan Hutang Piutang Samsidar; Mulyadi; Samsidar Samsidar; Putra Hutomo; Mulyadi Mulyadi
Journal of Innovation Research and Knowledge Vol. 6 No. 3 (2026): Agustus 2026
Publisher : Bajang Institute

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

Abstract

Stock sale and purchase transactions are not always conducted directly; rather, they are often preceded by a Share Sale and Purchase Binding Agreement (PPJB), which in practice may take the form of a share sale deed intertwined with a debt arrangement. Such agreements constitute a complex legal instrument because they combine two distinct legal aspects sale and purchase and loan agreements thereby giving rise to particular legal implications. The research addresses two main issues: (1) the legal consequences of a share sale and purchase binding agreement that is intertwined with a debt arrangement, and (2) the liability of notaries in the drafting of such agreements. This study employs a normative juridical method, namely library-based legal research that relies on secondary data derived from primary, secondary, and tertiary legal materials. The research adopts statutory and conceptual approaches, while the collection of legal materials is carried out through the identification and inventory of positive legal rules, literature, books, journals, and other legal sources. The analysis of legal materials is conducted through systematic and grammatical legal interpretation, as well as the application of legal construction methods. The results indicate that the use of a share PPJB as an instrument for debt arrangements has the potential to create legal uncertainty, particularly with regard to proving the parties’ intent and the mechanism for executing share collateral. Furthermore, notaries play a central role both formally and substantively; therefore, where a deed results in losses due to a lack of due diligence, the notary may be held liable both civilly and under professional ethics