PERTANGGUNGJAWABAN PERDATA AKIBAT PERBUATAN MELAWAN HUKUM DALAM MENJALANKAN JABATAN NOTARIS/PPAT (STUDI KASUS PUTUSAN NOMOR 9/PDT/2017/PT.BDG)

KUSUMA, TRIA HADI and Emirzon, Joni (2020) PERTANGGUNGJAWABAN PERDATA AKIBAT PERBUATAN MELAWAN HUKUM DALAM MENJALANKAN JABATAN NOTARIS/PPAT (STUDI KASUS PUTUSAN NOMOR 9/PDT/2017/PT.BDG). Master thesis, Sriwijaya University.

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Abstract

This study entitled Civil Accountability Due to Acts Against the Law in Carrying Out the Position of Notary Public/Land Deed Official (A Case Study of Decision Number 09/PDT/2017/PT.BDG) aimed to analyze the basic considerations of the West Java High Court Judge in the decision Number 09/PDT/2017/PT.BDG, the authority of the IPPAT Honorary Council and the INI Honorary Council in enforcing the execution of decisions, and the legal aspects hampering the IPPAT and INI Honorary Councils to impose the sanctions on Notaries/Land Deed Official having been proven to have committed illegal acts. This study used a normative legal research method. The results of the study showed that the basis for the consideration of the West Java High Court Judges on the Decision Number 09/PDT/2017/PT.BDG was that they disagreed with the conclusions of the First Level Judges, the IPPAT and INI Honorary Councils had no authority to enforce the execution of court decisions, unless there was a request from the concerned District Court and what legal aspects hampering the IPPAT and the INI Honorary Councils for not authorizing to execute the decision and even if ordered by the court they only had the authority to impose the sanctions tn the form of temporary dismissal (suspension) until dismissal form their office. It depended on whether or not the Notary/Land Deed Official was found to be in error. In addition, the types of sanctions imposed were not the same as those given by the judge’s decision such as paying a fine; therefore, they could only apply the sanctions to their position as stipulated in the statutory regulations. In relation to the obstacles run into in the execution of the judge’s decision, it only applies to the taking of the rights or the case that was won. In this case, the execution in a civil case carries a high risk because executing the object of the case is a forced attempt by the defendant to the applicant for the execution. One of the obstacles to the imposition of the execution being the postponement in the court was concerned with the security in which the executed party put up resistance. Keywords: Accountability, Private Law, Actions Against the Law.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Pertanggungjawaban, Hukum Perdata, Perbuatan Melawan Hukum.
Subjects:	K Law > K Law (General) > K270-274 Acts and events K Law > K Law (General) > K600-615 Private law K Law > K Law (General) > K840-917 Contracts
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	Users 8469 not found.
Date Deposited:	08 Oct 2020 02:03
Last Modified:	08 Oct 2020 02:03
URI:	http://repository.unsri.ac.id/id/eprint/36248

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