Maryano Maryano
Program Pascasarjana Magister Kenotariatan, Universitas Jayabaya Jakarta

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PENYALAHGUNAAN KEWENANGAN JABATAN NOTARIS ATAS PELEPASAN HAK ATAS TANAH UNTUK PENGADAAN TANAH PEMERINTAH DIKAITKAN DENGAN TINDAK PIDANA KORUPSI Rachmawati; Maryano; Rachmawati Rachmawati; Maryano Maryano; Wira Franciska
Journal of Innovation Research and Knowledge Vol. 6 No. 1 (2026): Juni 2026
Publisher : Bajang Institute

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Abstract

The role of a Notary basically is not only to express the will of the parties in an authentic deed, but also to provide legal opinions for the parties, in order to prevent conflicts or disputes from occurring in the future. Notaries in carrying out their positions cannot commit arbitrary acts, because the Notary's actions are limited by the Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to the Law of the Republic of Indonesia Number 30 of 2004 concerning the Position of Notary (hereinafter referred to as "UUJNP ”), the code of ethics for the Notary's position, as well as other applicable regulations. The legal theory used in this study is the Theory of Legal Consequences and the Theory of Authority. The method used in this research is normative juridical research, namely library law research or secondary data with sources of primary, secondary and tertiary legal materials. The research approach used is the Statutory Approach, Conceptual Approach, Analytical Approach, Case Approach and legal material collection techniques by identifying and inventorying positive legal rules, literature books, journals and other sources of legal materials. For legal material analysis techniques, it is carried out using grammatical interpretation, historical interpretation and systematic interpretation, and legal construction methods. From the results of research on the legal consequences of abuse of the authority of a Notary in land acquisition associated with criminal acts of corruption that Notaries are subject to Article 55 of the Criminal Code, this is an alternative element, namely it is enough to prove one of the elements of the Article (person who did, ordered to do, or participated in doing). in accordance with the capacity of the actions committed by the Defendant in this case can be convicted as a criminal offender. The said deed or letter is generally entitled Deed of Relinquishment of Rights (APH). APH is sometimes also known as a Letter of Release of Rights (SPH). APH must be made before a Notary so that the strength of proof is perfect compared to if it was made privately. APH is not made by the Land Deed Making Officer (PPAT) as is the case with authentic deeds which are the authority of the PPAT as stated in Article 2 paragraph 2 of Government Regulation Number 37 of 1998 concerning Land Deed Making Officials.
TANGGUNG JAWAB NOTARIS DALAM PEMBUATAN AKTA PERJANJIAN PENGIKATAN JUAL BELI TANAH YANG MENGATUR KLAUSUL JUAL BELI DENGAN HAK MEMBELI KEMBALI Maryano; Elisabeth Novena; Maryano Maryano; Putra Hutomo
Journal of Innovation Research and Knowledge Vol. 5 No. 5 (2025): Oktober 2025
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53625/jirk.v5i5.11458

Abstract

A notary holds an essential role in drafting the Land Sale and Purchase Binding Agreement (PPJB). Issues arise regarding the buy back clause as regulated in the Indonesian Civil Code (KUHPerdata). De facto, this clause is no longer relevant following the enactment of the Basic Agrarian Law (UUPA). In practice, it is found that notaries sometimes prepare PPJBs whose provisions contradict agrarian law principles and are disguised as loan agreements. This research examines two main issues: (1) What are the legal consequences of a PPJB deed that regulates a sale and purchase agreement with a buy-back clause? (2) What are the responsibilities of a notary in drafting a PPJB deed that includes a sale and purchase agreement with a buy back clause? The analysis in this research employs the Theory of Legal Consequences by R. Soeroso and the Theory of Legal Responsibility by Hans Kelsen. The method used in this research is normative juridical research, especially Library Law research or secondary data with primary, secondary and tertiary sources of law. The research approaches used include legislative approaches, case studies, conceptual, and analytical methodologies. And the method of collecting such legal materials is carried out by identifying and inventorying positive law, journals and other sources of law. The method used in analyzing the material of grammatical laws and systematic interpretation. The research findings indicate that a Land Sale and Purchase Binding Agreement (PPJB) containing a buy back clause is null and void by law, as it contradicts agrarian law and is misused as a loan agreement A notary who fails to ensure the conformity of the deed with the actual facts may be held administratively and civilly liable under the Articles 84 and 85 of Indonesian Notary Law (UUJN). Therefore, notaries are obliged to provide legal counseling and exercise due diligence to prevent the misuse of PPJB, and regulators should amend Article 17 of the UUJN concerning the prohibition for notaries, specifically prohibiting notaries from drafting a PPJB of land with a buy-back clause.