Legal Consequence of Cancellation of Agreement Which is Made in the Front of Notary (Study of Decision Number 105 / Pdt.G / 2014 / PN.Pdg)

Abstract

Notary Deed is an authentic deed that has the strength of perfect proof, so that the meaning of proof is perfect Notary Deed is a deed made before a Notary, because the Deed has been ascertained by the Notary regarding the truth of the parties, the contents of the agreement, and read it before the parties and then confirm the sign the original hand, if an agreement is used as evidence in court, then the agreement becomes evidence that cannot be denied by the parties, and the judge must trust the evidence in the form of a deed made before a notary public as legal evidence, but in this is an exception if there is a party that can prove the defect has occurred in the deed. One of them is in the case of Decision Number 105 / Pdt.G / 2014 / PN.Pdg, where the deed of agreement on the management of industrial timber plantations (HTI) made before a notary public, was canceled by the panel of judges, because the defendant could prove that there was a defect in the deed. The legal consequence of the cancellation of a deed made before a notary is that the strength of proof of a notary is lost due to bad intentions when making a deed before a notary, so that the cancellation of the agreement by the judge makes the situation must return to normal before the authentic deed was formed. Suggestions in this study is, the judge should contain the ruling by ordering the company to restore the condition of the forest to its original condition, so that it becomes a weakness in the decision 105 / Pdt.G / 2014 / PN.Pdg, considering that the nagari community is disadvantaged by the company's bad faith when making a deed agreement before the Notary