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All Journal Genesis Law and Social Sciences
Teuku Abdurrahman
Lecturers, Faculty of Law, University Syiah Kuala, Banda Aceh 23111, Indonesia

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Analysis of Notaries As Public Officials Who Have Been Declared Bankrupt from the Perspective of Notarial Law Fajri Yandi; Teuku Abdurrahman; Sri Walny Rahayu
Genesis Law and Social Sciences Vol. 1 No. 2 (2025): November 2025
Publisher : Graha Primera Saintifika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61975/glass.v1i2.89

Abstract

Notaries play an important role in the Indonesian legal system, but the Notary Law does not regulate the dismissal of a Notary due to bankruptcy. This ambiguity gives rise to multiple legal interpretations regarding whether a Notary appointed by the State can be dishonorably dismissed in the context of bankruptcy. This study aims to analyze the interpretation of the dismissal of a Notary who is declared bankrupt and its legal consequences for the Notary's authority. The method used is normative juridical legal research with a conceptual, legislative, and analytical approach. The study results indicate that the provisions in Article 9 paragraph (1) and Article 12 letter a of the Notary Law give rise to legal uncertainty and are contrary to the principle of justice because bankruptcy is a civil matter and is not always related to violations of job ethics. This study suggests revising and eliminating these articles to overcome multiple interpretations, ensure fair legal protection for Notaries, and maintain the dignity of the Notary's position in the Indonesian legal system.
Analysis of Unlawful Acts by a Land Deed Official Concerning Promised Compensation in the Granting of Land Donations Muhammad Faza Kamla Alfitra; Ria Fitri; Teuku Abdurrahman
Genesis Law and Social Sciences Vol. 2 No. 1 (2026): May 2026
Publisher : Graha Primera Saintifika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61975/glass.v2i1.126

Abstract

The transfer of land rights through grants must be evidenced by a deed executed before a Land Deed Official (PPAT), who is also obliged to explain the contents and legal implications of the deed to the parties concerned. In practice, however, grants accompanied by compensation frequently give rise to legal issues, particularly where the parties do not fully understand the legal nature and consequences of the transaction. This study aims to analyze the occurrence of land grants accompanied by compensation, the legal responsibility of PPATs, and the legal consequences arising from such transactions. Employing a normative juridical method, this research utilizes statutory, case, and conceptual approaches with qualitative legal analysis. The findings indicate that the PPAT’s failure to provide adequate explanations regarding the legal consequences of the deed is associated with a shift in the parties’ understanding of the legal nature of grants and may create conditions that contribute to legal uncertainty. From a legal perspective, grants accompanied by compensation may be regarded as inconsistent with the essential characteristics of a grant and, therefore, may affect the validity of the legal act. Accordingly, PPATs should provide comprehensive legal explanations to the parties, while reciprocal legal relationships should be structured through legal instruments that correspond to their actual legal characteristics to ensure legal certainty and minimize the risk of future disputes.
Co-Authors Fajri Yandi Muhammad Faza Kamla Alfitra Ria Fitri Sri Walny Rahayu