Perlindungan Hukum Bagi Para Pihak Atas Perbuatan Melawan Hukum Yang Dilakukan Notaris Dalam Pembuatan Akta Wasiat (Studi Kasus Putusan Mahkamah Agung Nomor 394/PK/PDT/2015)

Abstract

A deed made by an incompetent person can be annulled by a judge in court. The criteria for incompetence according to article 1330 of the Civil Code only consist of two, namely minors and under guardianship. However, in Decision No. 53/PDT/G/2012/PN.JKT.SEL Jo. 183/PDT/2013/PT.DKI Jo. 3124 K/PDT/2013 Jo. 394/PK/PDT/2015, the Panel of Judges granted Djoni Malaka's claim to cancel the will on the grounds that Tan Malaka was in a state of stroke, diabetes and hypertension which affected his ability to make a will, and rejected the request for Judical Review of the act against the notary law. Laurensia Siti Nyoman, and declared null and void the will of the will No. 5 dated October 9, 2009, From this case, a problem arose, namely how the legal consequences of the will that were canceled by the Court, and how the legal protection for the parties against the deed related to unlawful acts committed by the court was null and void. carried out by a notary. The author uses a normative juridical research method. Based on the results of the study, the legal consequences of an authentic deed made by a Notary who commits an unlawful act are the loss of the authenticity of the deed and becomes a deed under the hand, and the authentic deed can be canceled if the party who argues can prove it in a trial in court, because the making of an authentic deed must contain the three external, formal and material elements or one of these elements is incorrect and causes criminal or civil cases which can then be proven untruth. The form of legal protection for the parties is in the form of preventive legal protection which aims to protect the law against the deed, when the appearer appears before the Notary, the Notary realization in carrying out his duties as a notary must emphasize the principle of prudence and the principle of accuracy in making an authentic deed as well as making an introduction. , against the appearer based on his/her identity shown to the Notary, asking, listening and observing the wishes or wishes of the parties, examining the letter evidence relating to the wishes or wishes of the parties, providing suggestions and making a deed framework to fulfill the wishes or wishes of the parties. the will of the parties, as well as carrying out other obligations related to the implementation of the duties of the position. Therefore, the author concludes that the criteria for the inability of the heirs are not only immature and under guardianship, but can also be based on circumstances that indicate a person is in a serious and senile condition as evidenced by a doctor's certificate. In addition, the Notary's efforts in applying the precautionary principle are to listen to the parties, examine documents, provide advice, and comply with all applicable laws and regulations.