The Role of the Notary when Making a Canceled Purchase Agreement Deed in Court (Review of Articles 15 and 16 of the Indonesian Notary Law)

Abstract

A notary deed is an authentic deed drawn up by or before a notary according to the form and procedure stipulated in Law Number 2 of 2014 concerning the Office of a Notary. Article 15 of the law on the position of a notary regulates the authority of a notary, and Article 16 of the law on the position of a notary regulates the obligations of a notary. In carrying out these powers and obligations, a role is required in the form of a series of actions that are supportive in carrying out the duties of a notary in accordance with his position if the Notary does not play a role in causing the deed to be canceled, as in the Supreme Court Decision No. 535 PK/Pdt/2017 (1) the cancellation was due to an imbalance between what was written in the sale and purchase agreement deed and the facts of the parties. The decision of the Surabaya District Court (2) stated that the deed made by a notary was valid according to legal provisions. In contrast, the decision of the Surabaya High Court (3) stated that the deed was legally flawed. The decision of the Supreme Court (4) at the cassation and review level upheld the decision. This study analyzes the juridical factors that cause the deed of sale and purchase agreement made before a notary to be void based on a court decision and analyzes the role of the Notary in making a sale and purchase agreement deed. The research method used is normative juridical, using secondary data obtained from literature studies, including primary, secondary, and tertiary legal sources. The juridical factor that caused the cancellation of the sale and purchases agreement deed by the Notary, according to the Supreme Court's decision upholding the high court's decision, was because the plaintiff of the convention could prove the argument for his lawsuit regarding bilyet giro not for land payment in the sale and purchase agreement deed but for the sale and purchase of scrap metal where the plaintiff (seller) is an intermediary in buying and selling scrap metal. The Notary has yet to play a role in making the sale and purchase agreement deed, which resulted in the sale and purchase agreement deed being canceled based on a court decision. The problem is caused by the Notary not carrying out roles, such as providing legal counseling in connection with doing the deed as stipulated in the notary position law Article 15 paragraph (2) letter (e), carrying out the task carefully as stipulated in Article 16 paragraph (1) letter a, Reading the deed before the parties attended by at least 2 (two) witnesses as referred to in Article 16 paragraph (1) letter (m).