Notary's Responsibility for the Deed of Power of Attorney to Sell (Analysis of Decision Number: 20/PK/PID/2020.PN.Bali)

This study aims to understand and explain the authority of a Notary in making a power of attorney to sell and analyze the legal consequences if proven to have committed an act as charged to the Notary, but the act is not a criminal act. The research method used in this thesis is normative legal research with a statutory approach, a case approach, and a conceptual approach. The results of the study show that the legal consequences of the Deed of Power of Attorney to Sell made by the Notary as stated in Decision Number: 20/PK/PID/2020/PN.BALI indicate that the notary is freed from the clutches of criminal acts, but does not eliminate the potential for civil liability. The problematic deed of power of attorney to sell is declared null and void, which means that its cancellation applies ex tunc (from the beginning), and thus all legal consequences are considered never to have existed. In this context, the legal standing of the parties is restored to its original state, namely the victim's witness receivables can be collected again.

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Publication Details

Journal
International Journal of Judicial Law
Published
2025-01-01
DOI
https://doi.org/10.54660/ijjl.2025.4.3.70-77
Primary Topic
Legal Studies and Policies
Type
article
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article

Notary's Responsibility for the Deed of Power of Attorney to Sell (Analysis of Decision Number: 20/PK/PID/2020.PN.Bali)

Hasibun Asikin, Baiq Jhifya Aurelie Mauliza
International Journal of Judicial Law
Legal Studies and Policies
article

Notary's Responsibility for the Deed of Power of Attorney to Sell (Analysis of Decision Number: 20/PK/PID/2020.PN.Bali)

Hasibun Asikin, Baiq Jhifya Aurelie Mauliza
article en

Abstract

This study aims to understand and explain the authority of a Notary in making a power of attorney to sell and analyze the legal consequences if proven to have committed an act as charged to the Notary, but the act is not a criminal act. The research method used in this thesis is normative legal research with a statutory approach, a case approach, and a conceptual approach. The results of the study show that the legal consequences of the Deed of Power of Attorney to Sell made by the Notary as stated in Decision Number: 20/PK/PID/2020/PN.BALI indicate that the notary is freed from the clutches of criminal acts, but does not eliminate the potential for civil liability. The problematic deed of power of attorney to sell is declared null and void, which means that its cancellation applies ex tunc (from the beginning), and thus all legal consequences are considered never to have existed. In this context, the legal standing of the parties is restored to its original state, namely the victim's witness receivables can be collected again.

International Journal of Judicial LawVol. 5(3)
Openalex Percentile: Top 81%
Legal Studies and Policies
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Notary's Responsibility for the Deed of Power of Attorney to Sell (Analysis of Decision Number: 20/PK/PID/2020.PN.Bali) — Hasibun Asikin, Baiq Jhifya Aurelie Mauliza · International Journal of Judicial Law (2025) | TGRS Research Map | TGRS