Ongko, Michelle Starla and Gunadi, Ariawan TANGGUNG JAWAB NOTARIS TERHADAP AKTA YANG DIUBAH SECARA SEPIHAK (CONTOH KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 146/PDT/2018/PT.BDG.). TANGGUNG JAWAB NOTARIS TERHADAP AKTA YANG DIUBAH SECARA SEPIHAK (CONTOH KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 146/PDT/2018/PT.BDG.).
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Abstract
Renvoi is the changes that was made before the deed was signed by the parties. There is quite a
difference between a change in the deed, which are made before signed and the change after
signed. Whereas if the change was made after signed, the change must be made in the presence of
the parties, witnesses, and the public notary, reported in an official statement of the event and give
no regarding the matter to the original copy of the deed with notification of the date and number
of the correction. If a Notary does not do as provided in the renvoi procedure, it may result in the
deed being considered inauthentic. And could result in one of the party to suffer a loss in the
foreseeable future and it could serves as a legal basis to claim compensation, damages plus
interests and to be put on the public notary’s responsibility. Based on the example of the present
case in Supreme Court Decree No. 146 / PDT / 2018 / PT.BDG, in the making of a rent-to-hire
deed, there is a difference between the original copy of the deed which are not similar with the
copies that are given to the respective parties. The original copy of the deed is full of correction
scribbles, replacements, inserts, additions, and overlays, which are definitely not typing mistakes.
Thus, the public notary has violated Article 48 of the Public Notary Act No. 2 of 2014.
| Item Type: | Article |
|---|---|
| Subjects: | Penelitian > Fakultas Hukum |
| Divisions: | Fakultas Hukum > Ilmu Hukum |
| Depositing User: | Puskom untar untar |
| Date Deposited: | 16 Dec 2020 17:53 |
| Last Modified: | 16 Dec 2020 17:53 |
| URI: | https://repotest.untar.ac.id/id/eprint/13503 |
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