Romavita, Romavita and Yetniwati, Yetniwati (2022) Pertanggungjawaban Notaris Terhadap Akta Yang Dinyatakan Batal Demi Hukum Oleh Pengadilan (Studi Kasus Putusan Pengadilan Negeri Malang Nomor 227/Pdt.G/2018/Pn.Mlg). Recital Review, 4 (2). pp. 452-474. ISSN E-ISSN: 2623-2928
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Tanggung Jawab Notaris thd Akta yg batal ( Romavita, Yet,Syamsir).pdf Download (284kB) |
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Recital Review vol 4 No.2 th 2022.pdf Download (282kB) |
Abstract
Abstract This study aims to determine and analyze the responsibility of the Notary to the deed which was declared null and void by the Court (Case Study of the Malang District Court Decision Number 227/Pdt.G/2018/PN.Mlg). The results show that the Malang District Court Judge's Decision in Decision Number 227/Pdt.G/2018/PN.Mlg cannot be separated from 3 (three) aspects, namely juridical, philosophical, and sociological. First, the juridical aspect of the Malang District Judge's Decision is irrelevant between the main cases in the decision. Second, the philosophical aspect does not fulfill the sense of justice, especially for Notary S who made the Sale and Purchase Binding Agreement for the parties which was declared null and void by the judge. Third, the sociological aspect of the judge's decision can cause public confidence to decline in the existing judicial process. In Malang District Court Decision Number 227/Pdt.G/2018/PN.Mlg, Notaries are not charged with any responsibility. In this case, the responsibility of the Notary is only limited to the order of the Judge ordering the Notary to submit to the Judge's Decision as stated in the decision. The notary only records what was stated by the parties/appearers and then poured it into the deed. A notary cannot be held responsible for a deed that is canceled due to a violation committed by one of the parties to the agreement. Keywords: Notary Accountability, Notary Deed, Canceled By Law
Type: | Article |
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Uncontrolled Keywords: | Notary Accountability, Notary Deed, Canceled By Law |
Subjects: | K Law > K Law (General) |
Divisions: | Pascasarjana > Kenotariatan |
Depositing User: | Yetniwati |
Date Deposited: | 28 Jul 2022 07:22 |
Last Modified: | 28 Jul 2022 07:22 |
URI: | https://repository.unja.ac.id/id/eprint/35844 |
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