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All Journal Jurnal Minuta
Sari, Yenti Khofifah Nilam
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Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum dan Risiko Cacat Materiil Akta bagi Klien Tunanetra dalam Ketiadaan Pengaturan UUJN Sari, Yenti Khofifah Nilam; Salsabillah, Silfiyana
JURNAL MINUTA Vol. 8 No. 01 (2026): March 2026
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v8i01.8463

Abstract

Law Number 8 of 2016 on Persons with Disabilities explicitly recognizes persons with disabilities, including visually impaired persons, as legal subjects who are entitled to equal legal protection and legal certainty in all aspects of life, including civil legal relations embodied in authentic deeds. This reflects the principle of equality before the law. In notarial practice, notaries serve as public officials authorized to draw up authentic deeds under the Notary Office Act (UUJN). Article 16 paragraph (1) letter m of the UUJN mandates the reading of deeds before the appearers and witnesses to ensure that the parties fully understand and consent to the content of the deed. Legal issues arise when this obligation is applied to visually impaired appearers. Visual limitations prevent them from independently verifying the written deed against the oral reading conducted by the notary, resulting in complete reliance on the notary’s professionalism and good faith. The absence of specific technical regulations governing the reading and signing of deeds for visually impaired persons creates legal uncertainty and increases the risk of material defects in authentic deeds. This situation may affect the validity of deeds, expose notaries to civil and administrative liability, and weaken the protective function of deed witnesses. This research is a normative legal study employing statutory and conceptual approaches. The study concludes that the lack of explicit procedural standards undermines substantive legal protection and legal certainty, emphasizing the urgent need for inclusive and clear regulations to ensure accountable and nondiscriminatory notarial practices.
Peran PPAT dalam Transaksi Tanah Pasca Pembentukan Otorita Ibu Kota Nusantara (IKN) Salsabillah, Silfiyana; Yolanda, Ade; Sari, Yenti Khofifah Nilam
JURNAL MINUTA Vol. 8 No. 02 (2026): September 2026
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v8i02.8144

Abstract

The Land Deed Official (PPAT) is a public official authorized to draw up authentic deeds related to the transfer of land rights, serving a key role in providing legal certainty in land affairs. Following the enactment of Law Number 3 of 2022 on the National Capital (IKN) and the establishment of the IKN Authority, the role of PPAT encounters new challenges. The IKN Authority is vested with special powers to regulate and manage land in the IKN area, which may cause dualism of authority with the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) and raise questions about PPAT’s position in land transactions. This study analyzes the role of PPAT in IKN land transactions through the perspectives of legal certainty, justice, legal protection, and progressive law. The findings reveal that while PPAT still functions as the maker of authentic deeds, normative gaps and potential overlaps exist between the authority of the IKN Authority and ATR/BPN. Administrative issues also emerge, including double bureaucracy and the lack of clear technical regulations, undermining both legal certainty and service effectiveness for the public and investors. The study argues that PPAT’s role in IKN should not be limited to formal deed-making but also extended as an agent of legal protection, ensuring a balance between development priorities and social justice. Accordingly, synchronization between the Basic Agrarian Law (UUPA), ATR/BPN regulations, and IKN Authority provisions is urgently required to safeguard legal certainty and protect community rights in IKN development. Keywords: Land Deed Official, IKN Authority, Land Transactions, Legal Certainty, Legal Protection.
Co-Authors Salsabillah, Silfiyana Yolanda, Ade