Legal Analysis of the Legal Implications of the Principle of Exceptionio Non Adimpleti Contractus on the Binding Power of Notarial Deeds

Abstract

This study aims to analyze: 1) The legal certainty of the application of the exceptio non adimpleti contractus doctrine in agreements made based on notarial deeds in Samarinda. 2) The legal implications of the exceptio non adimpleti contractus doctrine on the binding force of notarial deeds as authentic deeds in Samarinda. This type of research includes normative legal research. The approach method in this study is a case study approach and a statute approach. The type of data in this study is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses library techniques (document study). The analysis in this study is prescriptive. The results of the study concluded: 1) The legal certainty of the application of the exceptio non adimpleti contractus doctrine in agreements made based on Notarial deeds in Samarinda has not been fully fulfilled, because there are no specific and detailed regulations regarding the conditions, limits, and legal consequences. Its application is still based on provisions regarding the binding force of the agreement, the reciprocal relationship of performance, good faith, and default as well as the judge's interpretation of the concrete circumstances of the parties. Differences in considerations in the Samarinda District Court Decision Number 134/Pdt.G/2022/PN Smr, the East Kalimantan High Court Decision Number 198/PDT/2025/PT SMR, and the Supreme Court Decision Number 1687 K/Pdt/2026 indicate the lack of uniformity in the limits of the application of the doctrine. Its application can be justified as long as there is a reciprocal relationship of performance, is carried out in good faith, and is not used to avoid contractual obligations. 2) The legal implications of the exceptio non adimpleti contractus doctrine on the binding force of a Notarial deed as an authentic deed in Samarinda relate to the implementation of a performance originating from an agreement and does not automatically eliminate the binding force or authentic nature of the Notarial deed. Based on the theory of legal consequences, the use of this doctrine initially results in the suspension of the fulfillment of the performance, while the cancellation of the agreement causes changes to the legal relationship of the parties. This cancellation does not automatically eliminate the authentic nature of the deed, because the status of the deed is still assessed based on the authority and procedures for making the deed as regulated in the Notary Law.