Pembatalan Akta Hibah dan Jual Beli yang Dibuat di Hadapan Notaris Disebabkan Adanya Perbuatan Melawan Hukum dalam Pembuatan Akta (Studi Putusan Pengadilan Negeri Medan Nomor 978/PDT.G/2021/PN MDN)

Abstract

In a lawsuit that states that the Notary deed is invalid, its invalidity must be proven both from external, formal, and material aspects. If it cannot be proved, then the deed in question is still valid and binding for the parties interested in the deed. If the deed can be proven in court, then there is one aspect that causes the deed to be defective, so that the deed can become a degraded deed or a deed under hand. The problem in this study is what is the basis for the Plaintiff to propose the cancellation of the Grant Deed in the Medan District Court Decision Number 978/Pdt.G/2021/PN Mdn, how is the validity of the evidence owned by the Plaintiff in the Medan District Court Decision Number 978/Pdt.G/2021/PN Mdn and how is the Notary's civil liability for the deed canceled by the Court in Medan District Court Decision Number 978/Pdt.G/2021/PN Mdn. The basis for the Plaintiff's request for the cancellation of the Grant Deed in the Medan District Court Decision Number 978/Pdt.G/2021/PN Mdn is the provisions of Article 52 paragraph (1) and 53 of the Notary Position Law affirming that in certain circumstances the Notary is prohibited from making a deed, this prohibition only exists on the legal subject of the witnesses, if the legal subject is prohibited, then the substance of the deed (his deed) is not allowed to be made. The meaning of this article is that those mentioned in Article 52 paragraph (1) of the Notary Office Law are not allowed to make a deed in front of a notary who has a certain relationship with the Notary concerned. For example, the Notary's sibling will make power of attorney to the other party. The validity of the evidence possessed by the Plaintiff in the Medan District Court Decision Number 978/Pdt.G/2021/PN Mdn is the external strength, formal evidentiary power and material evidentiary power. The notary deed has perfect evidentiary power, unless it can be proven that the deed is fake. Therefore, if it is used as evidence in court, the judge must accept the notary deed as a perfect evidence. The power of proving the material of an authentic deed is a certainty that the parties not only face and explain to the notary but also prove that they have also done what is stated in the material of the deed. PPAT's responsibility in the event of the cancellation of the sale and purchase deed is civil and administrative.