Legal Consequences for Notaries/PPATs on Cancellation of Deed of Sale and Purchase of Land

Abstract

Notary is a public officer who has the authority to make an authentic deed and other relevant authorities, it is regulated under Law No. 30 of 2004 concerning Notary Office as amended by Law No. 2 of 2014 concerning amendment to Law No. 30 of 2004 concerning Notary Office. While, Land Conveyancer is a public officer who has the authority to make Deed of Land Sale and Purchase which regulated under Government Regulation No. 24 of 2016 concerning Amendment to the Government Regulation No. 37 of 1998 concerning Regulation of Land Conveyancer (“hereinafter referred to as the “PPAT”). Deed of Sale and Purchase which made and signed before Notary/PPAT proved that it is true that a legal action to transfer rights over the land including payment of transaction price have been made, also evidencing that the right’s receiver or the purchaser has been the new right’s holder which have the evidence of such land ownership. Principle issue of this thesis is What is the Legal Effect to the Notary/PPAT in relation to the annulment of deed of sale and what is the role of the Notary/PPAT in relation to the annulment of deed of sale. The research method used by the researcher is juridical normative, which focusing on analyzing norms in the positive law, which principally sourced from secondary law material with 3 approach which is Statute Approach, Case Approach, and Conceptual Approach. The results show that the legal consequences of a Notary/PPAT on a deed canceled by the Court are null and void, can be canceled and the strength of proof is degraded. Further, in the annulment of the Notary/PPAT’s deed, the Notary/PPAT has the role to presenting back the parties and to notify the verdict which has full legal force; to delete the Notarial Book which provided in the Notary/PPAT’s office.