Legal Consequences for Nominee Deed Notaries

Abstract

The Nominee Agreement in Indonesian civil law which is based on the Civil Code does not have any rules in it. An agreement that has no rules in the Civil Code can be called an anonymous agreement (Innominant Contract). Where this unnamed agreement is an agreement which rules are not yet contained in the Civil Code, but in fact exist and develop in society following the times. The writing of this journal article is normative juridical research using a statutory approach, a case approach, and a conceptual approach. This study was made to analyze and describe the legal consequences that will occur to the notary who makes the Nominee deed. It can be interpreted that a notary who makes an authentic deed in the form of a nominee deed will face the consequences of making the deed where it can be said that the nominee deed is a deed that leads to legal smuggling. Based on the explanation above, the results obtained from the research are that a notary can be subject to sanctions against the authentic deed he made. Because this is an act against the law both in civil, criminal, and in the form of administration.

Authority Of Land Deed Officers On Sale And Purchase Binding Agreements For Certificate Return Process

“…This is intended by the Notary so that the parties get legal protection (Lubis & Ramadhani, 2021) and legal certainty for those who (Dionysiou, 2021). Therefore, the Notary in making the deed is impartial and impartial so that he can maintain the interests of the parties objectively (Perwitasari & Fairina, 2021). Notary assistance to parties who in the form of a PPJB deed has received assistance in formulating the clause to be agreed upon (Madaninabawi & Hafidz, 2021).…”