Authority and Position of Notary Deed in the Land Sector

Sep 15, 2026

Uploaded by Paura

Authority of notary public officials to make authentic deeds is examined in relation to land transactions in Indonesia. The study discusses debates arising after enactment of UUJN No. 30 Tahun 2004, particularly concerning overlaps with PPAT authority in land deed matters, and links the role to land registration procedures under PP No. 24 Tahun 1997. Using normative juridical and supporting empirical juridical approaches, the research highlights that notary authority regarding land deeds is broad while not constituting PPAT authority.

LanguageEnglish

CategoryLetters

FormatPDF

Pages13

Reading Time5 min

AccessFree to download

Abstract

A. Background

International Journal of Multicultural and Multireligious Understanding [http://ijmmu.com](http://ijmmu.com)[ ](http://ijmmu.com)[editor@ijmmu.com](editor@ijmmu.com)[ ](editor@ijmmu.com)[ISSN 2364-5369](ISSN 2364-5369)[ ](ISSN 2364-5369)Volume 6, Issue 5 October, 2019 Pages: 391-403 Authority and Position of Notary Deed in the Land Sector Sastri Hasnur Pratiwi; Azmi Fendri; Beatrix Benni Notary Master Program, Faculty of Law, Andalas University, Indonesia [http://dx.doi.org/10.18415/ijmmu.v6i5.1111](http://dx.doi.org/10.18415/ijmmu.v6i5.1111) Abstract The notary public officials are authorized to make an authentic deed, besides other prescribed by statute the authority. At the time of the enactment UUJN No. 30 Tahun 2004, a debate emerged related to the authority notaries in making the deed associated with land. It is in the trigger because of other dignitaries in this PPAT who also has the authority in making the deed associated with land. In the process of land registration as mentioned in PP No. 24 Tahun 1997, that which, aids the head of the land office is PPAT. This study aims to find out about to look at what the meaning of the deed which as pertaining to land that has been granted to a notary in UUJN. The main approach method used in this research is the normative juridical approach that is research that emphasizes the legal aspects, by studying the materials of primary law and secondary law which will be used as guidance in understanding and analyzing the problems discussed, while as supporting the main approach Empirical juridical approach is used. Research suggests that the significance of related to land certificate which is the authority of the notary is wide it could make a notarial deed with regard to land as long as it does not constitute the PPAT. Keywords: Authority; Notary; Land Deed A. Background The Republic of Indonesia is a constitutional state based on Pancasila, and it is fitting that all citizens have a role in upholding the law in which the law is the guarantor of certainty, upholding the rights of the community or guarantor of justice 1. That in order to achieve this goal, every servant and legal officer is required to have a determination to uphold the law, justice and truth as an expression of his sense of responsibility and devotion to God Almighty, the Nation and the State. As we know land is an important thing in the life of the Indonesian people. Some Indonesian people are people whose lives are derived from farming, or it can be said that some people in Indonesia 1 Moh. Mahfud MD, Politik Hukum di Indonesia, Rajawali Pers, Jakarta, 2009, p. 9. earn a living as farmers. As a community that is mostly farmers, the existence of land is a must. The importance of land is often the subject of disputes, especially in the case of land ownership rights. Moreover, coupled with high population growth makes the need for land or land becomes high so as to make land prices become high. To maintain the utilization of the wealth of agrarian resources or natural resources that are so large the government is carrying out development in the field of law. One of them is the enactment of legislation concerning land known as Undang-Undang Nomor 5 Tahun 1960 tentang Peraturan Dasar Pokok-Pokok Agraria (UUPA) on September 24, 1960. The birth of UUPA was one of the settlements of land law dualism, so land law in Indonesia is national. The birth of the UUPA was due to the agrarian law in force in Indonesia which has a dualistic nature, with the application of customary law in addition to agrarian law based on western law2. In obtaining land rights, the UUPA guarantees that people in Indonesia can obtain land rights. Land as one of the important things in Indonesia has various uses. The use of the land is as a place to live, as a place to work and also find livelihoods by gardening or farming. Land is very important in Indonesia, this is due to the large population, while the land supply is ru

FAQs

What authority does the notary public have in land-related matters?

Notary public officials are authorized to make an authentic deed, including deeds related to land, within the limits discussed in the law. The study emphasizes that such authority is wide as long as it does not constitute PPAT authority.

Why did a debate emerge after enactment of UUJN No. 30 Tahun 2004?

A debate arose regarding notary authority in making land-associated deeds, triggered by the existence of other dignitaries (PPAT) who also have authority in making land-related deeds.

What research approaches are used to analyze the issue?

The research uses a normative juridical approach focusing on legal aspects by studying primary and secondary law materials. It also employs an empirical juridical approach as a supporting method.

Sep 15, 2026

Uploaded by Paura