Validity of Deed of Debt Acknowledgement Accompanied by Deed of Sale and Purchase Agreement (PPJB) and Deed of Land Vacate by Notary (Case Study of Decision of PT. DKI Number 368/PDT/2018)

Abstract

Notary is a public official who is entrusted by the Indonesian Government to provide services to the public in terms of making authentic deeds. However, some deeds made by Notaries, become disputed later and some are canceled by the court. This is due to various factors, such as differences in interpretation of laws and regulations by the Notary himself, as well as the honorarium factor that will be received by the Notary as payment or salary for making the deeds, because Notaries do not receive salaries from the state like Civil Servants or other public officials. Notarial Deeds that are canceled by the court are no longer a perfect means of proof and become invalid, and can also cause losses to the parties, so that Notaries are required to be truly competent in interpreting applicable laws and regulations, so that disputes do not arise later and result in the Deed made being at risk of becoming a deed underhand. This study uses a normative legal research type with analytical descriptive research specifications. The types and sources of data used are in the form of secondary data. Data collection through literature studies. The results of this thesis research, the author found an incorrect interpretation and application of the law by the Notary, so that the validity of the Deed of Debt Acknowledgement, Deed of Sale and Purchase Agreement (PPJB) and Deed of Land Vacancies made by him became invalid and were canceled by the court. Instead of submitting to Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land, and making a Deed of Granting Mortgage Rights (APHT) for land and buildings as collateral objects of the agreement, the Notary instead made a Deed of Sale and Purchase Agreement (PPJB) and Deed of Land Vacancies based on the Deed of Debt Acknowledgement for the parties. The Notary is considered to have violated Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary, as well as committing an unlawful act by the court. The Notary can be held accountable due to the Deed he has made being canceled by the court, either in civil or administrative form. The form of civil liability of a Notary is that he can be sued for damages resulting from the deeds he has made, and administrative liability is that a Notary can be dismissed dishonorably.