PERANAN NOTARIS DALAM MEWUJUDKAN ASAS KESEIMBANGAN DALAM PERJANJIAN HUTANG PIUTANG

• Main Authors: , DIAN PUSPA IWARI, , Dr. Ari Hernawan, S.H., M.Hum.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2013
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/123180/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=63291
• Institution: Universitas Gadjah Mada

This research was intended (1) to identity role of notary in realizing balance principle in agreement of indebtedness made before notary, and (2) to identify legal consequence on agreement of indebtedness made before notary that did not apply balance principle. It was juridical empirical research. This research was conducted through direct interview with respondent and equipped with secondary data. Sample was taken using purposive non probability sampling. Data was analyzed using qualitative approach. Results are presented descriptively. Results indicated that role of notary in realizing balance principle in agreement of indebtedness made by parties before him is by giving explanation to parties about agreement substance and giving good legal advice related to agreement substance. Role of notary appear when he formulate or ascertain agreement of indebtedness made by parties before him and give explanation to them so the parties understand their right and obligation and refuse agreement that is not balance. Legal consequence on agreement of indebtedness made before notary that did not apply balance principle is ask for nullification by any party that felt damaged to judge. Consequence of the nullification, the agreement is considered non valid or have not binding power.