ANALISIS PUTUSAN HAKIM NOMOR87/PDT.G/2019/PN.SEL TENTANG KELALAIAN NOTARIS YANG TIDAK MEMBACAKAN AKTA DIHADAPAN PENGHADAP YANG BUTA HURUF

Abstract

This research was motivated by the case in the judge's decision Number 87/Pdt.G/2019/PN.Sel regarding the negligence of a notary who did not read the deed before an illiterate appearer. Based on article 16 paragraph (1) letter m of the Notary Office Law, it is stated that the notary has the obligation to read the deed before the appearers and two witnesses. Especially if there are appearers who are illiterate because they cannot read the contents of the deed for themselves. The negligence of a notary who does not read the deed, if an error occurs and causes ambiguity in the deed made, then the strength and usefulness of the notary's deed is questionable and also includes the responsibility of the notary who intentionally does not read the deed in front of an illiterate appearer. The purpose of writing this journal is to analyze the legal consequences that arise from not reading the notary before an illiterate appearer and the responsibility of the notary if the deed is canceled by a court decision. The method used is normative juridical. Using secondary data through literature studies, this research uses a qualitative approach. The legal consequence arising from not reading the deed before an illiterate appearer is that the notarial deed is no longer an authentic deed and has decreased to only a deed under the hand. Responsibilities of the Notary can be asked for civil, administrative and criminal liability if the deed is canceled by a court decision.