The Judge’s Dedecision on the Cancellation of Notarial Deed as a Proof Tool in Padang State Court

Abstract

The cancellation of the authentic deed that can be carried out by the judge, if the authentic deed does not meet the requirements stipulated by the law and the subjective or objective requirements are not fulfilled. This study analyzes the judge's decision on the cancellation of the notary deed as evidence in the Padang District Court which aims to find out how the Judge's consideration in making the decision to cancel the notary deed as evidence in the Padang District Court and the legal consequences for the deed being canceled through the Padang District Court decision. This study uses a juridical normative approach, which is a study that aims to examine legal principles, legal systematics, legal history and comparative law. According to the provisions of Law Number 2 of 2014 concerning the Position of Notary in Article 84, if there is a case that is brought before a judge in which the material of the lawsuit is regarding the notary's actions which have violated the provisions of that article, the judge must test the formal strength of proof against the authentic deed. The decision of the Padang District Court number 127 / Pdt.G / 2015 / PN.Pdg which declared the legal invalidation of Satria Tama's notary deed on July 19, 2012 deed number 272/2012 2012 because it was made on land that was in progress or was complaining in Court. So that the results of the research on the consideration of the judge's decision on the cancellation of a notary deed which is used as evidence in Court, are errors in the deed-making process that are not in accordance with the law, illegal acts committed by notaries and parties to the parties, errors in the contents of notary deeds, form of deeds notary public, and typographical errors in the copy of the notary deed. The legal consequences for notarial deeds that are canceled by court decisions are null and void, can be canceled, and the power of proof is degraded.