Legal Efforts for Notary Who Becomes a Defendant in Civil Cases Regarding the Deed He/She Made

Frana Busrizal, Yuslim Yuslim, Khairani Khairani

Abstract


In Indonesia, a notary is one of the positions that provides services to the public in the inclusion of their wishes in written form. However, in reality, the role of the notary, in providing services in the civil sector, also often places them as a defendant or co-defendant in a case between the parties to the dispute. Thus, it raises the presumption that the notary is a party to the deed. The formulation of the problems in this study include: a) How is the legal effort for the notary who became a defendant in a civil case related to the deed he/she made? b) How is the strength of proof on the deed that the notary made? c) What efforts have been made by the notary to defend the deed he made? This study applies a sociological juridical approach. In addition, this study uses primary and secondary data in which they are analyzed qualitatively. The results of the study indicate that: 1) In the case of a notary who is also a defendant in a civil case, the provisions of Article 66 of the Law of Notary Position do not apply to him/her. So, in order to protect themselves and their positions in court, the notary may make several legal efforts. The first, before the verification phase in the court, is to make a claim of reconciliation. The second, after the decision of the panel of judges, is to make an ordinary legal effort; i.e. appeal to the High Court, appeal to the Supreme Court and review. Then, the effort of the resistance law (verzet) was carried out on the decision of the verstek. 2) The strength of proof of the notarial deed is divided into 3 (three) types, i.e. the strength of outward proof, the strength of formal proof, the strength of material proof. 3) Efforts made by the notary to defend the deed that he/she made are divided into 2 (two) types: first is before a lawsuit takes place in the court and second after a claim is made in court.


Keywords


Legal Effort; Notary; Authentic Deed

Full Text:

PDF

References


Abdul Ghofur Anshori, 2009, Indonesian Notary Society Law and Ethics Perspective, UII Press, Yogyakarta, page 7.

Andre Prima Ramanda, 2015, Responsibility of a Notary Against Deed for which the Values of Verification Are Degraded to Private Deed, Master’s Program Thesis in Notary of Andalas University, Padang, page 8.

Habib Adjie, 2015, Nullification and Cancellation of Notarial Deed, PT Refika Aditama, Bandung, page 18.

Harjono, 2008, Constitution as a House of Nations, Secretariat General and Registrar’s Office of the Constitutional Court, Jakarta, page 386.

Herlien Budiono, 2013, Collection of Civil Law Writing in the Area of Notary: Second Book, Citra Aditya Bakti, Bandung, page 220

Khairulnas and Leny Agustan, 2018, Guide to Notary/ Conveyancer in the Face of Civil Lawsuits, UII Press, Yogyakarta, page 44.

Muhsin Makbul, 2016, Legal Protection Against Notaries as Defendants Based on the Deed that He/ She Made, Master’s Program Thesis in Notary of Gadjah Mada University, Yogyakarta, page 75.

Salim HS, 2016, Technique of Making Deed One, PT Raja Grafindo Persada, Jakarta, page 36.

Sjaifurrachman dan Habib Adjie, 2011, Aspect of Notary Liability in Making the Deed, Mandar Maju, Bandung, page 231.

Wawan Setiawan, 2001, Position and Existence of Public Officials and Conveyancers Compared with the Position of State Administration Officials According to the National Legal System, Central Board of Land Deed Officials, Jakarta, page 8.

Zainuddin Ali, 2013, Legal Research Methods, Sinar Grafika, Jakarta, page 34.




DOI: http://dx.doi.org/10.18415/ijmmu.v6i3.873

Refbacks

  • There are currently no refbacks.


Copyright (c) 2019 International Journal of Multicultural and Multireligious Understanding

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

International Journal of Multicultural and Multireligious Understanding (IJMMU) ISSN 2364-5369
https://ijmmu.com
[email protected]
dx.doi.org/10.18415/ijmmu
facebook.com/ijmmu
Copyright © 2014-2018 IJMMU. All rights reserved.