Notary's Responsibility for Dishonest Actions of One of the Parties In a Share Sale and Purchase Agreement: Study of Decision No 188 Pk/Pdt/2020

Abstract

This study aims to analyse the Notary's responsibility for Notarial deeds made based on dishonest actions of one of the parties in a share sale and purchase agreement based on Decision No 188 Pk/Pdt/2020 and analyse the legal consequences of a notarial deed made based on dishonest actions of one of the parties in a share sale and purchase agreement. The research method employed is normative legal research, utilising a legislative approach, a conceptual approach, and a case-based approach. The results of the study indicate that the urgency of regulating policy regulations in the Administrative Law Notary's responsibility for Notarial deeds made based on dishonest actions of one of the parties in the share sale and purchase agreement based on Decision No 188 Pk/Pdt/2020 can be subject to several aspects of responsibility, namely civil responsibility, criminal responsibility and administrative responsibility. From the civil side, Notaries sued on the grounds of committing an unlawful act (PMH), as regulated in Article 1365 of the Civil Code. From an administrative perspective, a Notary violates the Code of Ethics of the Indonesian Notary Association when they draft a notarial deed based on the dishonest actions of one party in a share purchase agreement. In such cases, the law treats the deed as void from the outset because coercion renders the contract legally nonexistent, thereby nullifying it.