TANGGUNG JAWAB NOTARIS AKIBAT BATALNYA AKTA PERJANJIAN PENGIKATAN JUAL BELI TANAH KARENA CACAT HUKUM

Abstract

Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 Year 2004 concerning Notary Position (UUJN) gives authority to notaries to make an agreement. According to that regulation, of course the notary has an important role in the making of the land sale and purchase agreement. A land sale and purchase agreement must meet the subjective requirements and objective requirements as contained in Article 1320 of the Civil Code (KUHPerdata). The problems that occur are: (1) How is the position of the deed of binding agreement on the sale and purchase of land containing legal defects? and (2) How is the notary's responsibility related to the cancellation of the binding contract of sale and purchase agreement due to a legal defect in its manufacture? The type of this research is legal research. The results of this research indicate that the position of the deed of binding agreement on sale and purchase of land that contains legal defects is not as a deed that has perfect proof power, so that the law can be canceled or null and void by law. This is related to subjective requirements and objective conditions in the provisions of Article 1320 of the Civil Code. The responsibility of the notary is related to the cancellation of the binding agreement on the sale and purchase of land due to a legal defect in the form of notary public, criminal, administrative, and notary codes of conduct.