LEGAL CONSEQUENCES OF NOTARY NEGLIGENCE IN MAKING A DEED OF LAND SALE AND PURCHASE BINDING AGREEMENT (STUDY OF THE DECISION OF THE BANTEN HIGH COURT NUMBER 119/PDT/2019/PT BTN)

Ilma Zhafirah Albar (Universitas Indonesia)

Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)

In carrying out their positions, duties, and authority, notaries must be based on the principle of prudence because otherwise, the Notary may commit negligence. One of the actions that prove that a Notary does not apply the precautionary principle is if in making a deed, the Notary commits negligence. If the negligence can be proven to harm the parties in the deed, he must be responsible for his negligence. Departing from this, the problems examined in this research are regarding the application of the principle of prudence in making the Deed of Land Sale and Purchase Agreement and the legal consequences if the Notary is negligent in applying the principle of prudence in Decision Number 119/PDT/2019/PT BTN. A doctrinal legal research method is used to answer these problems. The research analysis results show that the principle of prudence in the making of the Deed of Land Sale and Purchase Agreement is essential to avoid disputes in the future. Suppose the Notary does not apply the principle of prudence. In that case, the Notary can harm the parties related to the sale and purchase. The Notary in Decision Number 119/PDT/2019/PT BTN can be held liable civilly and criminally, and the related deed can be null and void.