Restoration Mechanisms of Cancelled Authentic Deed

Robby Auzini Baidhowi, Hirsanuddin Hirsanuddin, Lalu Wira Pria Suhartana

Restoration Mechanisms of Cancelled Authentic Deed

Číslo: 5/2023
Periodikum: Path of Science
DOI: 10.22178/pos.92-21

Klíčová slova: Authentic Deed; Cancellation; Restoration; Notary; PPAT

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Anotace: This study aims to analyse the restoration mechanisms of an authentic deed that has been cancelled. The study involves a normative legal analysis that utilises secondary data, including primary, secondary, and tertiary legal sources. The study adopts a methodology employing statute, conceptual, and case approaches.

As a result, the agreement is considered to have a formal defect and the act of creating the agreement is deemed unlawful. An authentic agreement can only be restored by annulling the court’s decision through an appeal and a cassation decision, followed by an extraordinary legal remedy called a review to cancel the cassation decision. It is important to note that the restoration of an authentic agreement can only occur within an ongoing trial, and there is no other way to recover a cancelled original agreement outside of this.