{"title":"土地买卖绝对授权书签发中违法走私的公证责任","authors":"Rizky Hadiwidjayanti, Liza Prihandhini","doi":"10.31941/pj.v22i1.2288","DOIUrl":null,"url":null,"abstract":"<em>This paper analyses the Notary's Responsibility for Legal Smuggling Acts in the Issuance of Absolute Power of Attorney for The Sale and Purchase of Land. In analysis used juridical-normative legal research methods. The data were collected through literature studies and analyzed qualitatively. This study concluded that in the case of the Batulicin District Court Decision Number 06/Pdt.G/2018/PN Bln, a notary named Pang Andreas Pangestu committed an unlawful act because he issued a Deed of Power of Attorney, which was categorized as an Absolute Power of Attorney containing the clauses referred to in the Instruction of the Minister of Home Affairs Number 14 of 1982, which was a form of legal smuggling to avoid obligations and prohibitions that had been regulated in legislation. Therefore, the Power of Attorney Deed was annulled. The Notary, in his position as a PPAT in doing the deed, is burdened with his responsibility. Such duties include criminal, civil and administrative liability. In this case, the Notary can be subject to civil commitment, which is punished with compensation of Rp 1,500,000,000 (one billion five hundred million rupiah) due to unlawful acts committed by him and can be subject to administrative responsibility also because the Notary committed violations in the UUJN, especially Article 16 paragraph 1 letter a.</em>","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"100 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Notary Responsibility for Legal Smuggling in the Issuance of Absolute Deed of Power of Attorney for Sale and Purchase of Land\",\"authors\":\"Rizky Hadiwidjayanti, Liza Prihandhini\",\"doi\":\"10.31941/pj.v22i1.2288\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<em>This paper analyses the Notary's Responsibility for Legal Smuggling Acts in the Issuance of Absolute Power of Attorney for The Sale and Purchase of Land. In analysis used juridical-normative legal research methods. The data were collected through literature studies and analyzed qualitatively. This study concluded that in the case of the Batulicin District Court Decision Number 06/Pdt.G/2018/PN Bln, a notary named Pang Andreas Pangestu committed an unlawful act because he issued a Deed of Power of Attorney, which was categorized as an Absolute Power of Attorney containing the clauses referred to in the Instruction of the Minister of Home Affairs Number 14 of 1982, which was a form of legal smuggling to avoid obligations and prohibitions that had been regulated in legislation. Therefore, the Power of Attorney Deed was annulled. The Notary, in his position as a PPAT in doing the deed, is burdened with his responsibility. Such duties include criminal, civil and administrative liability. In this case, the Notary can be subject to civil commitment, which is punished with compensation of Rp 1,500,000,000 (one billion five hundred million rupiah) due to unlawful acts committed by him and can be subject to administrative responsibility also because the Notary committed violations in the UUJN, especially Article 16 paragraph 1 letter a.</em>\",\"PeriodicalId\":471669,\"journal\":{\"name\":\"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)\",\"volume\":\"100 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-04-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.31941/pj.v22i1.2288\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.31941/pj.v22i1.2288","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
本文分析了土地买卖绝对授权委托书签发中公证员违法走私行为的责任问题。在分析中采用了司法规范法的研究方法。通过文献研究收集资料并进行定性分析。这项研究的结论是,在Batulicin地区法院第06/Pdt号判决的情况下。G/2018/PN Bln报道,一名名为Pang Andreas Pangestu的公证人签发了一份包含1982年第14号内政部长指示条款的“绝对授权书”,这是一种非法走私,以逃避法律规定的义务和禁令。因此,委托书契约无效。公证人,在他的立场作为一个PPAT在做这件事,是负担他的责任。这些责任包括刑事、民事和行政责任。在这种情况下,公证员可能会受到民事承诺的约束,由于他的非法行为,将被处以15亿卢比(15亿卢比)的赔偿,也可能受到行政责任的约束,因为公证员违反了ujn的规定,特别是第16条第1款a。
Notary Responsibility for Legal Smuggling in the Issuance of Absolute Deed of Power of Attorney for Sale and Purchase of Land
This paper analyses the Notary's Responsibility for Legal Smuggling Acts in the Issuance of Absolute Power of Attorney for The Sale and Purchase of Land. In analysis used juridical-normative legal research methods. The data were collected through literature studies and analyzed qualitatively. This study concluded that in the case of the Batulicin District Court Decision Number 06/Pdt.G/2018/PN Bln, a notary named Pang Andreas Pangestu committed an unlawful act because he issued a Deed of Power of Attorney, which was categorized as an Absolute Power of Attorney containing the clauses referred to in the Instruction of the Minister of Home Affairs Number 14 of 1982, which was a form of legal smuggling to avoid obligations and prohibitions that had been regulated in legislation. Therefore, the Power of Attorney Deed was annulled. The Notary, in his position as a PPAT in doing the deed, is burdened with his responsibility. Such duties include criminal, civil and administrative liability. In this case, the Notary can be subject to civil commitment, which is punished with compensation of Rp 1,500,000,000 (one billion five hundred million rupiah) due to unlawful acts committed by him and can be subject to administrative responsibility also because the Notary committed violations in the UUJN, especially Article 16 paragraph 1 letter a.