Tanggung Jawab Notaris dalam Melegalisasi Surat Jual Beli Secara Melawan Hukum terhadap Jual Beli Kios sebagai Harta Bersama yang Dilakukan oleh Istri Tanpa Persetujuan Mantan Suami Setelah Terjadinya Perceraian (Studi Putusan Nomor: 598 K/PDT/2017)

Abstract

As a public official who makes deeds, a Notary has the authority to legalize underhanded Deeds of the persons appearing. However, he has to use prudential principle in order to avoid any conflicts such as the problem of legalizing underhanded Deeds specified in the Verdict No. 598 K/Pdt/2017 in which the Notary has committed illegal offense in legalizing an underhanded contract of purchasing a stand as a joint property, and ofthe party is not involved in in the contract. The research uses juridical normative method. The data are gathered by conducted library research. Primary data are obtained by conducting interviews. It is said in the Verdict that the Notary has neglected his duty in making the contract and is regarded as violating Article 1365 of the Civil Code. Prudential principle is the standard in determining whether a Notary has committed illegal offense in legalizing a legally defective purchase contract of a stand. Those who have harmed the plaintiff are considered the persons who commit illegal offense as it is specified in Article 1365 of the Civil Code. According to Hans Kelsen's theory ofresponsibility, the Notary is required to compensate in the sum of what is specified in the Verdict No. 598 K/Pdt/2017 because of his negligence in legalizing a legally defective purchase contract. It is recommended that in doing his job, a Notary prioritize the prudential principle in order to minimize any legal problems. People should be educated avoid or minimize illegal offenses in making contracts, especially purchase contracts. The defendants who have been charged guilty in the Verdict No. 598 K/Pdt/2017 should be cooperative to show their good faith in taking their legal liability.