GUGATAN PEMBATALAN AKTA NOTARIS DI PENGADILAN NEGERI YOGYAKARTA (Studi Kasus Putusan Nomer 18/Pdt.G/2004/PN.YK)

Main Authors: , Martha, , Kunthoro Basuki, S.H., M.Hum.
Format: Thesis NonPeerReviewed
Terbitan: [Yogyakarta] : Universitas Gadjah Mada , 2014
Subjects:
ETD
Online Access: https://repository.ugm.ac.id/133198/
http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=73758
Daftar Isi:
  • This study was aimed to find out the legal reason of legal suit of civil case Number 18/Pdt.G/2004/PN.YK and to find out the basic consideration of judge in making decision for the case Number 18/Pdt.G/2004/PN.YK and to find out the legal consequence for all parties involved with the existence of the decision. This study was a normative juridical study. It was a legal study focusing on a research on secondary data in the form of primary legal material, secondary legal material, and tertiary legal material. To strengthen the analysis, it was carried out field research (empirical) so that it was obtained primary data. The data obtained was then analyzed descriptive qualitatively so that it was obtained an explanation about legal Suit of the Cancellation of Notaryâ��s Deed in District Court of Yogyakarta. The result of the study was concluded that the legal reason of the suit for civil case Number 18/Pdt.G/2004/PN.YK was that it was an action violating the law and that the copy of the deed was not suitable with deedâ��s minuta as a result of hesitate in typing, so that the legal basic consideration of judge in making decision in this case was open evidence in the court. Notaryâ��s deed became en evidence for the defendant so that the judge agreed about the exception of the defendants and decide the plaintiffs claim can not be accepted (niet onvankelijke verklaar) because the lawsuit is not perfectly arranged so the plaintiffs claim is unclear and blurred. Legal consequence for the parties involved with the existence of court decision was the manifestation of exception of all defendants and the refusal of suit of plaintiff, so that deed number 23 on 06 August 1997 about Credit Agreement was still valid for all the parties involved and punished the plaintiff to pay the caseâ��s fund.