KEABSAHAN AKTA PENGAKUAN HUTANG YANG DIBUAT NOTARIS YANG MEMUAT DUA PERBUATAN HUKUM (ANALISIS PUTUSAN MA NOMOR 2349 K/Pdt.G/2020)

Sari

This research aims to analyze Supreme Court Decision Number 2349 K/Pdt.G/2020 regarding the validity of a notarial deed containing two legal acts in it. This research includes normative juridical research, which will discuss the validity of a deed of acknowledgment of debt made by a notary that contains two legal acts in one deed with an analytical study of Supreme Court Decision Number 2349 K/Pdt.G/2020. The results of the research show that, a Deed of Acknowledgment of Debt accompanied by a Deed of Power of Attorney to Sell as collateral will not have legal certainty. The argument is that the Power of Sale Deed made as collateral has a defect of will, because the debtor does not have the will to sell the land or building used as collateral through the debt acknowledgment deed and the Power of Sale Deed is a type of "absolute power of attorney" which is clearly prohibited and is a legal smuggling because it is contrary to the Minister of Home Affairs Instruction Number 14 of 1982 Jo. No. 12 of 1984 on the Prohibition of the Use of Absolute Power of Attorney as a Transfer of Land Rights and is also not justified as in the jurisprudence of the Supreme Court, namely MARI Decision No. 3176 K/Pdt/1994: 3176 K/Pdt/1998, MARI Decision No : 1991.K/Pdt/1994 and MARI Decision No. 199 k/tun/2000: 199 K/TUN/2000.