Electronic Theses and Dissertation

pertanggungjawaban notaris terhadap perbuatan melawan hukum dalam pembuatan akta pendirian yayasan (analisis putusan pengadilan tinggi aceh nomor: 95/pdt/2019.pt.bna) melawan hukum adalah karena ydbul tidak memiiki legal standing dan identitas yang jelas dan pasti (eror in persona dan obcur libel).

NOTARY RESPONSIBILITY AGAINST UNLAWFUL ACT IN THE ESTABLISHMENT OF THE FOUNDATION DEED (ANALYSIS OF DECISIONS OF ACEH HIGH COURT NUMBER: 95/Pdt/2019.PT.BNA) Putri Niasari* Sanusi** Dahlan*** ABSTRACT A notary is a public official authorized to make an authentic deed. The notary also has other authorities as referred to in the laws and regulations. Article 16 of Law Number 2 of 2014 concerning the Notary Public (hereinafter abbreviated as UUJN) stipulates that one of the duties of a notary is to act honestly and trustworthy in carrying out their function. However, in practice, there is a notary summoned by the court to account for the authentic deed she made because it contains elements of tosts as regulated in article 1365 of the Indonesia Civil Code (ICC). Including the creation of the foundation deed. For example, in a case of alleged unlawful acts of forgery in making the foundation deed based on the decision of the Aceh High Court Number: 95/Pdt/2019.Pt.Bna. This action is not in accordance with the laws and regulations and the Notary Code of Ethics and can cause harm to many parties. This study aims to explain the unlawful element in the case of unlawful acts of falsifying the foundation's deed of establishment based on the decision of the Aceh High Court Number: 95/Pdt/2019.Pt.Bna, the reason the judge did not grant the lawsuit against the law of falsifying the foundation's deed based on the decision of Aceh High Court Number: 95/Pdt/2019.Pt.Bna, and the comparison of court decisions regarding unlawful acts of deed forgery between the Aceh High Court and other courts. This research uses normative legal research methods. The research approaches are the statutory approach, the case approach, and the comparative approach. The legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. In addition, non-legal materials in the form of interviews are also used as a complement. The results conclude that the action of Notary Annisa Rahmah Karim in making the deed of establishment of the Dayah Bustanul Ulum Foundation met the elements of unlawful acts in the provisions of Article 1365 of the Civil Code, and violated the provisions of Article 15 paragraph (1) of Law no. 28 of 2004 concerning Foundations (hereinafter abbreviated as UUY), Article 2 number (2) of Government Regulation (hereinafter abbreviated to PP) Number 63 of 2008. The judge did not grant the lawsuit was because YDBUL did not have legal standing and a clear and definite identity (error in persona and obcur libel).