Legal consequences of notaries’ responsibilities as PPATS toward disputed land deeds in Banda Aceh city
Fitria Ramadhani, Sri Walny Rahayu, Sanusi
The responsibility of a notary as a PPAT in the Article 16 section (1) letter f of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of a Notary (henceforth referred to as LPN) states that a notary is obliged to keep "everything regarding a deed that is made and all information obtained for making the deed in accordance with the oath/promise of office, unless the law provides otherwise”, but in practice, the provisions of these norms are not fully implemented by a notary as a PPAT that causes losses for the client. This study aims to find and explain the factors that must be considered by a notary as a PPAT in making land deeds to prevent violations of the law and code of ethics as well as to analyze and explain the legal responsibilities of a notary as a PPAT for disputed land deeds in Banda Aceh City. This study uses a sociological juridical method, namely legal research that will provide a complete understanding of the law in the context of norms and when applied in a social context with a legal sociology approach. The data obtained from the field research and the library research were analyzed using a qualitative research approach. The result of the first study indicates that the factors that PPAT must consider in making a land deed are prioritizing laws provisions, a code of ethics, and considering the formal and material requirements to avoid errors in the ratification of the deed by PPAT. The result of the second study is the legal responsibility of a notary as a PPAT to the client depends on the level of error committed by the PPAT, which afterward can be punished in the form of civil law, administrative law, or criminal law. The responsibility provides a sense of justice and legal protection to clients, where the severe punishment for mistakes made by PPAT is the dismissal of PPAT as a deed maker official. It is recommended to PPAT to be more liable in making deeds that are following the laws and regulations as well as their oath of office, and also to always pay attention to the rights and obligations of the parties who want to make the deed to prevent the risk of problems in the future.
Fitria Ramadhani, Sri Walny Rahayu, Sanusi. Legal consequences of notaries’ responsibilities as PPATS toward disputed land deeds in Banda Aceh city. International Journal of Law, Volume 8, Issue 4, 2022, Pages 184-186