Akibat Hukum Terhadap Wanprestasi Akta Jual Beli Tanah yang Dilakukan Notaris

Abstract

Notaries who concurrently are PPAT are general officials who teach to make certain legal obligations. Make an authentic deed other than making the parties but also because of the existence determined by law. Making a Notary deed concurrently with PPAT in accordance with the law will make the deed issued by a Notary who concurrently PPAT become a personal and has a perfect evidentiary power. The making of a Notary deed concurrently with PPAT that is not in accordance with other laws and regulations will make the activists lose their autonomy. As it is known, its use now has a very important meaning to increase the potential for conflicts or fraudulent land documents, to enable or not have potential obstacles or not, the required legal and land administration systems that are organized and neatly arranged. From the results of the research found there is still nothing that happens in the land purchase deed. Based on the data, the results of the research obtained are valid for notaries who concurrently are PPAT who make Land Sale and Purchase Deeds, one of which is in default, the Deed is degraded into a Down-hand deed, null and void or can be released against him as well, civil and criminal sanctions. The purpose of this research is to find out the sanctions against notarial deeds which concurrently are PPAT which is one of his side defaults and sanctions against a notary who concurrently PPAT which makes his deed reflecting one of his parties is in default. According to the law, responsibility is a consequence of the consequences of one's freedom of action. Failure to exercise the caution required by a law called "omission" (negligence); and mistakes usually are translated as one of the words error, which is not referred to as a mistake that is fulfilled because of a problem and wants, with or without a wrong purpose, which causes that is related to ethics or morality. The real form of legal certainty is the action or law enforcement against free actions. Legal certainty corrects a framework that is clearly, regularly, consistently and consequently implemented and cannot be changed by subjective conditions in people's lives. Conflict of norms arising from rule uncertainty can form norm contestation, reduction of certainty can be based on several meanings, namely provisions, do not cause multiple interpretations, do not cause contradictions, and can be carried out by norms or norm distortions. The mainstream thought is that legal certainty is a place where humans, both individuals, groups and organizations. certainty can produce several meanings, namely expressing clarity, not creating multiple interpretations, not causing contradictions, and can be implemented. Judges' decisions that contain elements of legal certainty will provide benefits for the development of science in the field of law.