Skripsi

PERLINDUNGAN HUKUM BAGI PARA PIHAK DALAM AKTA NOTARIS YANG MENGANDUNG UNSUR CACAT HUKUM

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This study examines legal protection for parties in notarial deeds containing legal defects. The background of this research lies in the fact that notarial deeds with legal defects whether arising from formal negligence or material bad faith may lose their authenticity and potentially be declared null and void by operation of law. Such conditions create legal uncertainty and significantly disadvantage parties acting in good faith. Therefore, this study specifically focuses on analyzing the forms of legal protection available to aggrieved parties, as well as examining the notary's liability for the issuance of such defective deeds. The research questions addressed in this study include what forms of legal protection are available to parties in notarial deeds proven to contain legal defects under Indonesian laws and regulations? and what are the implications of legal sanctions imposed on notaries who draw up deeds containing formal defects? This research employs a normative juridical method with statutory and conceptual approaches. The legal materials used consist of primary, secondary, and tertiary sources, which are analyzed qualitatively using deductive reasoning techniques. The findings of this study indicate that formal defects in a notarial deed only degrade its evidentiary value to that of a private deed, without invalidating the principal agreement, provided that the material (substantive) requirements for a valid contract are fulfilled. Legal protection for the parties is provided preventively through the notary's obligation to comply with procedural requirements (including verification and reading of the deed), and repressively through dispute resolution in court. The legal implications for notaries who issue deeds with formal defects include layered liability, encompassing civil sanctions (compensation), administrative sanctions (dismissal from office), violations of the professional code of ethics, and criminal sanctions if intentional misconduct is proven. This study recommends that notaries strictly adhere to formal procedures and firmly refuse any client requests that deviate from legal provisions. Parties involved must act in good faith, provide accurate information, be physically present, and refrain from pressuring notaries to violate procedural rules. Furthermore, the Notary Supervisory Council should adopt a more proactive and assertive role in supervision and continuous guidance to prevent violations at an early stage.

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Detail Information

Series Title

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Call Number

T1959672026

Publisher

: Prodi Magister Kenotariatan, Fakultas Hukum Universitas Sriwijaya., 2026

Collation

ix, 48 hlm.; ilus.; 29 cm

Language

Indonesia

ISBN/ISSN

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Classification

346.002 07

Content Type

Text

Media Type

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Carrier Type

-

Edition

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Subject(s)

Akta Notaris
Prodi Magister Kenotariatan

Specific Detail Info

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Statement of Responsibility

TUTI

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