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

A notary as a general official who makes the deed is given the authority to legalize
an underhand deed for every appearer who comes to him. Legalization carried out
by a Notary basically must be carried out with the principle of prudence in order to
avoid legal conflicts that have the potential to be present in the legalization of the
deed. Examples of legal issues related to the legalization of private deeds can be
seen in decision number 598 K/PDT/2017. The decision stated that the Notary had
committed an unlawful act against the legalization of the sale and purchase
agreement letter of the kiosk which was basically a joint property in which one of
the parties was not involved in the sale and purchase agreement of the kiosk. The
notary in the decision number 598 K/PDT/2017 can be observed that for his
negligence in determining the objective conditions of the contents of the
agreement, the judge was decided to commit an unlawful act by the judge on the
basis of Article 1365 of the Civil Code. The precautionary principle is the standard
of assessment in determining that a notary has committed an unlawful act in
legalizing a sale and purchase agreement. The legal force of legalizing a letter of
sale and purchase of a kiosk that is legally flawed is that the deed does not have
perfect proving power. The parties who play a role in causing harm to the plaintiff
for the sale and purchase must be categorized as parties who commit acts against
the law for the sake of legal certainty as referred to in Article 1365 of the Civil Code