Nama : BUKHARY ZUL HABIBIE

NIM : A2031231030

MODEL IRAC
IDENTIFICATION-RULES-ANALYSIS-CONCLUSION
ANALISIS KASUS

Judul Kasus: The Legal Consequences for Notaries/PPAT Regarding Unlawful Actions by
Notary/PPAT Employees (10/Pdt.G/2020/PN Blt)
IDENTIFIKASI Fakta: In March 2019, Mrs. YN, a Notary/Public Land Deed Official (PPAT) was
tasked with royalty removal for a land certificate (No. 2644) in Blitar Regency. The land, owned
by EB, was to undergo a sale transaction between Mr. EB (the seller) and Mr. AB (Defendant III).
The certificate was handed to Mrs. YN. On April 26, 2019, Mr. EP and Mr. AB went to Mrs. YN's
office to collect the certificate, claiming that Mr. EB owed money to Mr. EP. Without Mrs. YN's
consent, Mrs. HB (Defendant I) handed over the certificate. Afterward, Mrs. YN discovered the
unauthorized transfer.
Despite Mrs. YN's request, Mrs. HB failed to retrieve the certificate from Mr. EP and Mr. AB.
Due to the breached duty by Defendant I, Mrs. YN filed a lawsuit at the Blitar District Court. The
parties involved are Mrs. YN as the Plaintiff, Mrs. HB as Defendant I, Mr. EP as Defendant II, and
Mr. AB as Defendant III. The core dispute revolves around the unauthorized transfer of the land
certificate, raising legal issues regarding the notary/PPAT's duty violation.
RULES: The actions of Notary/PPAT office employees carry joint and several liability, as both the
employees and the Notary/PPAT bear responsibility. These actions, deemed unlawful, expose
the employees to civil liability. Furthermore, the Notary/PPAT may be subject to administrative
sanctions for the unlawful conduct of their employees, as stipulated in Article 16 (11) of the
Notary Law (UUJN) and Article 6 of the PPAT Code of Ethics. Article 3, subparagraph (f)
stipulates that a PPAT is required to carry out their profession with a full sense of responsibility,
independence, honesty, and impartiality. According to subparagraph (g) of the PPAT Code of
Ethics, a PPAT is also obligated to provide services to the public to the best of their abilities in
support of their profession. Violation of these ethical standards can result in administrative
sanctions for Notaries/PPATs, as outlined in Article 16 (11) of the Notary Law (UUJN) and Article
6 of the PPAT Code of Ethics.
Article 3, subparagraph (f) stipulates that a PPAT is required to carry out their profession with a
full sense of responsibility, independence, honesty, and impartiality. According to subparagraph
(g) of the PPAT Code of Ethics, a PPAT is also obligated to provide services to the public to the
best of their abilities in support of their profession. Violation of these ethical standards can
result in administrative sanctions for Notaries/PPATs, as outlined in Article 16 (11) of the Notary
Law (UUJN) and Article 6 of the PPAT Code of Ethics. Article 1706 of the Civil Code mandates
that the recipient of a deposit must uphold the entrusted property with the utmost care,
comparable to the care bestowed upon one's personal possessions. Article 1708 of the Civil
Code outlines that the depositary is generally not held responsible for unavoidable events,
except in cases where the depositary negligently fails to return the entrusted property.
Consequently, in the event of a deed loss due to a notary's error, the notary is held responsible
for their oversight.
The safekeeping of this certificate deviated from the intended course because the Plaintiff,
serving as the notary/ PPAT, failed to sufficiently protect the certificate. Furthermore, the
certificate was transferred without the Plaintiff's awareness. This implies that the certificate
entrusted to the notary was seemingly not adequately secured by the notary.
ANALISIS: The employees of the Notary/PPAT office have engaged in legal actions that have
resulted in damages to the Plaintiff, who, in this case, functions as a PPAT. In our view,
compensation for non-material losses should be imposed.
Although no objections have been raised by anyone, the Judicial Panel should consider the
unlawful actions carried out by the employees of the Notary/PPAT office. The Judicial Panel
should also take into account that the Notary/PPAT themselves have obligations to fulfill in the
execution of their profession. The actions performed by the employees of the Notary/PPAT
office undoubtedly violate the obligations that the Notary/PPAT should fulfill. The related
Notary/PPAT is unable to carry out their profession effectively, and as a consequence of the
actions taken by the employees of the Notary/PPAT office, the professional reputation of the
Notary/PPAT is compromised.
CONCLUSION: According to legal rules, the actions of Notary/PPAT office employees entail
joint and several liability, and their unlawful conduct may result in civil liability. Additionally, the
Notary/PPAT could face administrative sanctions under the provisions of the Notary Law (UUJN)
and the PPAT Code of Ethics.
Analyzing the situation, it is evident that the employees' actions have caused damages to the
Plaintiff, necessitating compensation for non-material losses. The Judicial Panel should consider
the legal and ethical violations committed by the Notary/PPAT office employees. Furthermore,
the Panel should acknowledge the professional obligations of the Notary/PPAT and the impact
of the employees' actions on the effective execution of the Notary/PPAT's profession. The
breach of obligations has compromised the professional reputation of the Notary/PPAT
involved
Notaries/PPAT and their office employees are collectively responsible. Their joint liability
involves civil sanctions, including cost reimbursement, compensation, and interest. Additionally,
Notaries may face administrative penalties under Article 16 (11) of the Notary Law (UUJN), such
as written warnings, temporary suspension, honorable discharge, or dishonorable discharge.
PPATs violating the PPAT Code of Ethics, as per Article 6, may receive administrative sanctions
like reprimands, warnings, temporary dismissal from IPPAT association membership,
permanent expulsion from IPPAT association membership, or dishonorable discharge from
IPPAT association membership.