Notary Responsibility for the Deed Canceled by the Court (Case Study on Decision Number 34 / Pdt / 2017 / PT YYK)

Abstract

Notary is a public official who is specifically authorized by the law to make an authentic deed, where the deed made by a notary becomes perfect, strongest and most complete proof that can guarantee legal certainty. Therefore, the notary deed which then becomes written evidence can be canceled by the judge as long as there is an opponent's evidence and regarding the cancellation of the contents of the deed. This thesis using normative juridical approach and use data sources that include the primary legal materials, secondary and tertiary obtained through literature and by using the guidelines interviews and field observations. The focus of this research is to find out how the notary's responsibility for the Purchase Binding Agreement and sale of attorney canceled by the court and the legal consequences of the decision of the Supreme Court number 34 / pdt / 2017 / pt yyk on the deed made by a notary. The research that has been conducted has found that the responsibility of the Notary towards the Cancellation of the Purchase Binding Agreement and the sale of attorney by the Court Judge because it is proven that the deed is a simulation agreement, an agreement in which the parties declare a different condition from the agreement previously held. The responsibilities of the Notary Public can be mined in terms of civil, criminal and administrative responsibilities. As a result of the cancellation of a notary deed law by the Court are declared null and void and not legally binding on the evidence.