Skripsi

LEGAL LIABILITY OF A NOTARY FOR ABUSE OF CIRCUMSTANCES (MISBRUIK VAN OMSTANDIGHEDEN) IN SALE-PURCHASE AGREEMENT BASED ON DEBTS (A study of Jakarta High Court Decision Number 143/PDT/2016/PT.DKI)

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Legal issues concerning the validity of a Sale and Purchase Binding Agreement that substantially disguises a debt relationship have implications for the liability of the notary. This issue arises from the imbalanced positions of the parties and the coercive circumstances that are exploited, resulting in an agreement that is not formed from free will. The method used is normative legal research with a statutory, case, and conceptual approaches. The analysis is conducted using the theories of legal certainty, contract law, good faith, abuse of circumstances (misbruik van omstandigheden), and liability. The results of the analysis indicate that the judge’s considerations were fundamentally appropriate, as they not only assessed the formal aspects of the deed but also examined the substance of the parties’ legal relationship. The proven legal relationship was a debt disguised as a sale and purchase, thus fulfilling the element of abuse of circumstances and rendering the agreement voidable. The notary’s legal responsibility does not arise automatically from the cancellation of the deed, but rather depends on the proof of negligence in performing official duties, particularly in ensuring the free will of the parties and providing legal counsel. Therefore, the imposition of sanctions on a notary must go through an examination mechanism by the Notary Supervisory Council. The legal effect of the deed is that it is considered a voidable agreement (vernietigbaar), with the consequence that the parties are restored to their original state (restitutio in integrum) and the reaffirmation of the actual legal relationship, namely debt and receivables. This decision also emphasizes the importance of notary prudence in preventing abuse of circumstances in notarial practice.

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Detail Information

Series Title

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Call Number

T1964432026

Publisher

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

Collation

xii, 145 hlm.; ilus.; 29 cm

Language

Indonesia

ISBN/ISSN

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Classification

346.042 07

Content Type

Text

Media Type

unmediated

Carrier Type

-

Edition

-

Subject(s)

Yurisprudensi
Prodi Magister Kenotariatan

Specific Detail Info

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Statement of Responsibility

KA

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