Pertanggungjawaban Notaris dan PPAT dalam Pembuatan Akta Kuasa Menjual dan Akta Jual Beli yang Tidak Sesuai dengan Perundang-Undangan (Studi Putusan No. 43/Pdt/2017/PT.BNA)

Abstract

Notary und PPAT (Officials Empowered to Draw up Land Deeds) are the public officials authorized to draw up authentic deeds, as long as such documents are not addressed specifically to he prepared by other public officials. Some drawing up of authentic deeds are obliged by laws and regulations to provide legal certainty. order and protection. Practically, only a few notaries/PPAT encounter the problems such as the deeds that they have drawn up are revoked by court as the result of legal dejects in its process such as false information. The objectives of this research are to explain the authority of notary/PPAT to issue Power of Attorney to Sell and Deed of Sale and Purchase, to explain the legal consequences for notary/PPAT who have issued deeds which are not in accordance with laws and regulations in relation with the Randa Aceh High Court Ruling No. 43/PDT/2017/PT.BNA, and to explain the civil liability of Notary/PPAT for the authentic derds that are not in accordance with the prevailing laws and regulations (a study on Banda Aceh High Court Ruling No. 43/PDT/2017/PT.BNA).

This is a normative juridical research. It studies laws and regulations, legal theories and jurisprudence related to the research problems. This research analyzes the liability of notary/PPAT for the deeds that they have drawn up annulled by court. The authority of a notary is grounded on a product of the Law Number 2/2014

on Notary Position (Notarial Act); which states that a notary is authorized to draw up

authentic deeds that are useful to he evidence for a legal action. In addition to

notary, PPAT is also authorized to draw up authentic deeds related to land title and

apartment unit grounded on a product of Governmental Regulation Number 24/2016

on PPAT (Officials Empowered to Draw up Land Deeds). As to the legal

consequences for an authentic deed drawn up by notary/PPAT that causes harm to

all parties or the other party, the deeds may become mull and void grounded on a

court ruling and the notary/PPAT are obliged to indemnify the loss incurred by their

action in accordance with Article 1365 of the Civil Code. The liability of notary and

PPAT in Banda Aceh High Court Ruling No. 43/Pd/2017/PT.BNA is grounded on an

illegal action performed by notary/PPAT that harms other party. The notary/PPAT

ure liable for their actions and obliged to indemnify for the loss incurred to the

harmed party in accordance with Article 48 paragraph 3 of the Notarial Act.