Notaris Yang Terlibat Dalam Pembuatan Akta Perjanjian Pengikatan Jual Beli Yang Dipalsukan

Notary is a general official who is authorized to make an authentic deed. One task is to make the Notarial Deed of Sales and Purchase Agreement. Sales and Purchase Agreement is a binding preliminary agreement between the seller and the buyer. Sales and Purchase Agreement between the seller and the buyer were made without the necessary certificates. The problem that is discussed in this thesis is whether the Notary involved in making deed with violating the process of making a notarial deed fulfill Article 266 of Indonesian Criminal Code and does the transactions of Notarial Deed of Sale and Purchase Agreement which has fulfill Article 266 of Indonesian Criminal Code can be annulled. The purpose of this study was to determine and analyze Agreement Deed without the original certificate is an element of the crime of forgery or not and to determine the fulfillment for the crime of forgery would led to the deed annulment. The research method used are statute approach, conseptual approach, and supported with a case study. Then the conclusions drawn from general to specific of the Notary involved in the forged Notarial Deed of Sales and Purchase Agreement. The Notary responsibility in regard to the deed that made without fulfilling one of the making process of Notarial Deed which is no certificate of land rights contracted, would led to the burden of proof for authentic deed issued by the notary is no longer as a proof of the authentic act but merely proof as underhanded deed. Sales and Purchase Agreement has been qualified the subjective terms of an agreement, but did not qualify the objective terms of an agreement