ANALISIS PEMBATALAN AKTA NOTARIS MENURUT PUTUSAN MAHKAMAH AGUNG DALAM STUDI KASUS NOMOR 3641/KPDT/2001

APRILIA, PUTRI and Romsan, Achmad (2020) ANALISIS PEMBATALAN AKTA NOTARIS MENURUT PUTUSAN MAHKAMAH AGUNG DALAM STUDI KASUS NOMOR 3641/KPDT/2001. Undergraduate thesis, Sriwijaya University.

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Abstract

Abstrack This study is entitled Analysis Of Notary Deed Cancellation according to the Supreme Court decision in Case study Number 3641/Kpdt/2001. Article 1 of law Number 30 of 2004 Jo Law Number 2 of 2014 concerning Notary position states that a Notary is a Public official authorized to make authentic deed and have other powers as referred to in this law based on other laws. This study discussed the following issues, (1) what were the elements that could cancel a Notary deed according to Supreme Court decision in case study Number 3641/KPDT?2001? (2) what was legal consequence of the annulled Notary deed according to the supreme Court decision in case study Number 3641/ KPDT/2001? This study is a normative study with statutory, conceptual,legal philosophy, case study, and judge’s decision approaches. The result of this study showed that the signing of the Notary deed had to obtain an agreement as stated in Article 1320 paragraph 1 of the Civil code. Four conditions were needed for the validity of an agreement that they want together or in the other word, there had to be freedom of will from the parties. The signing of the deed by the plaintiff while being held in detention was an act of abuse of circumstance because one of the parties felt pressured and was deprived of this freedom in entering into the agreement so that he could not express his will resulted in the agreement in the deed being declared null and void by the judge and the notary might be subject to article 1365 civil code for the act against the law and injured party could sue for damages Keywords: Abuse of Circumstances, Act Against The Law, Cancellation of Notary Deed

Item Type:	Thesis (Undergraduate)
Uncontrolled Keywords:	Pembatalan Akta Notaris, Penyalahgunaan keadaan, dan Perbuatan Melawan Hukum.
Subjects:	K Law > K Law (General) > K100-103 Legal education
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	PUTRI APRILIA
Date Deposited:	06 Dec 2021 08:12
Last Modified:	06 Dec 2021 08:13
URI:	http://repository.unsri.ac.id/id/eprint/58808

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