TANGGUNG JAWAB NOTARIS DALAM MEMBUAT AKTA YAYASAN YANG SUSUNAN ORGANNYA TIDAK SESUAI DENGAN UNDANG-UNDANG = THE LIABILITY OF A NOTARY IN MAKING FOUNDATION DEED WHICH THE ORGAN ARE NOT UNDER THE LAW

This research aims to analyze and determine the responsibilities of a notary in making a foundation deed whose organ structure does not comply with the law and the validity of the deed that has been made.
This research uses normative legal research methods by organizing research through legislation and conceptual approaches. In solving the legal issues of this research, the primary legal materials used come from statutory provisio. Collection of legal materials is done through literature study. Non-legal materials are materials that contain explanations of primary and secondary legal materials. The problems studied are analyzed prescriptively and systematically, thereby providing arguments to answer the legal events that occurred in this research.
The results of this research show that the Deed of Establishment of a Foundation that was drawn up but did not comply with statutory provisions was deemed to contain legal defects. This is in accordance with the provisions of Article 7 of Law no. 30 of 2014 concerning Government Administration that General Officials are required to carry out government administration in accordance with statutory regulations. Paragraph 2 letter (a) obliged Notary make Decisions and/or actions in accordance with its authority, comply with the AUPB and in accordance with the provisions of laws and regulations, so that sanctions should be given to the Notary in accordance with the provisions of Article 16 Paragraph (1) letter (g) that Provide services in accordance with the provisions of the law so that it is appropriate for the Notary to be given a sanction, written warning or dismissal. Even though the establishment made by law is considered to contain legal defects, the deed is considered valid and still has legal force based on the principle of presumption of legitimacy or Presumptio Lustae Cause as long as there is no court decision stating otherwise and has permanent legal force.

Keywords : Foundation, Notary, Validity, Public Official, Deed.