Pertanggungjawaban Notaris Terhadap Akta Yang Dinyatakan Batal Demi Hukum Oleh Pengadilan (Studi Kasus Putusan Pengadilan Negeri Malang Nomor 170/Pdt.G/2019/Pn.Mlg )

Abstract

deed they make, especially if later the deed is disputed in court and contains legal errors, then it is questionable. In the disputed deed which contains legal errors, it must also be known whether there is an element of pure error on the part of the Notary, or an error on the part of the parties in providing information and other supporting documents. As a result of the negligence or mistake of the Notary in making the deed it can be proven, then the Notary concerned can be held accountable both criminally Article 66 and civil Article 84 of Law Number 2 of 2014 concerning the Position of Notary (Hereinafter referred to as UUJN). Based on this, problems are formulated; firstly, what are the considerations of judges who declare null and void a notarial deed in case number 170/Pdt.G/2019/PN.Mlg?, Secondly, what is the responsibility of a notary to a deed declared null and void In Case Number 170/Pdt.G/2019/PN.Mlg? This study uses a juridical-normative approach. The result of this research study is the judge's consideration which states that a notary deed is null and void because there is a material error in the deed. The mistake was in the form of an unlawful act which resulted in the deed having no material evidentiary power even though it complies outwardly and formally it with the lawful stipulated provisions stipulated. These mistakes are like the substance of the deed agreement that does not meet the objective or subjective elements of Article 1320 of the Civil Code, because defects of will include errors or misguidance (dwaling), coercion (dwang) and fraud (bedrog). The notary's responsibility for a deed declared null and void by the court includes: civil liability due to an unlawful act, criminal due to a violation of the Articles in the Criminal Code by a Notary such as Articles 263, 264 and 266 concerning forgeries of authentic documents and administrative liability due to violation of the code of ethics of the Notary profession.