TINJAUAN HUKUM TERHADAP NOTARIS ATAS AKTA AUTENTIK YANG DIBUATNYA (Studi Kasus Putusan Pengadilan Negeri Malang Nomor 289/PDT.G.2021/PN MLG)

This study examines the legal responsibility of notaries for authentic deeds they have made, by taking a case study of the Malang District Court Decision Number 289/Pdt.G.2021/PN Mlg. This research is motivated by a lawsuit for unlawful acts filed by ZS (Plaintiff) against Notary SA (Defendant II). The problem began when the Plaintiff, who intended to enter into a franchise cooperation, signed a deed made by Notary SA which turned out to be entitled "Business Cooperation Agreement". Due to the contents of the deed not in accordance with the initial intention, the Plaintiff felt materially and immaterially harmed. This study uses a normative legal research method with a statute approach and a case approach. The results of the analysis show that Notary SA has deviated from his official obligations, both substantively and procedurally (allegedly not reading the deed and presenting witnesses). This professional negligence fulfills the elements of an Unlawful Act (Article 1365 of the Civil Code), which should result in a joint and several liability for damages. The lawsuit was filed with FA (Defendant I). Ironically, the Panel of Judges did not adjudicate the merits of the case and declared the lawsuit inadmissible (NO) due to the formal flaw of lacking parties (plurium litis consortium), a consideration the researcher deems inappropriate because it ignores substantive justice.