ANALISIS YURIDIS MENGENAI AKTA NOTARIS YANG DIBATALKAN SEBAGAI AKIBAT DARI PERBUATAN MELAWAN HUKUM (Studi Kasus Putusan Mahkamah Agung No. 384/Pdt.G/2010/PN.Jkt.Sel)
Daftar Isi:
- Notarial deed that was declared legally flawed, both concerning incorrect statements included in deed, carried out by notaries or by other parties as long as it can not be proven otherwise, if it turns out that the judge can come to conclusion then the decision to cancel the authentic deed is valid. Thus eliminating the legal consequences contained in the deed. It was analyzed how the legal consequences of the cancellation of notarial deed containing legal defects, related to Court Decision No: 384 / pdt.G / 2010 / PN.Jkt.Sel. The theoretical foundations in this study were the Theory of Legal Certainty, Authority Theory, Proof Theory and Act Against Law. Technique of collecting normative analytical material was done by searching, and studying documents. Analysis of legal materials was carried out by qualitative analysis methods. Legal consequences arisen from a notarial deed containing legal defects because the contents and procedures did not meet the statutory provisions, both the Notary Position Law and the Civil Code, resulting in the deed being underhanded, can be canceled, or null and void by law. In practice it is not known that a deed is categorized null and void, but if it does not meet certain requirements, it is declared invalid,then a cancellation is submitted through the existing legal process. What can be prosecuted against a Notary by a party who is aggrieved by a deed containing legal defect is through a court process, by demanding accountability from a notary in the form of criminal, civil, administrative accountability. Factors that cause notarial deeds can be canceled by the court, is when the notary is proven to have committed an act of illegaloffense