Articles
<![CDATA[Legal Responsibility of Notaries for Errors and Misuse in the Use of Electronic Certificates as Evidence in the Digital Era ]]>
<![CDATA[Rere, Laode Reyhan Muhammad Fitra]]>;
<![CDATA[Disaely, Rico Marleve]]>;
<![CDATA[Samosir, Tetti]]>
<![CDATA[ JURNAL AKTA Vol 12, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v12i2.45307
<![CDATA[The development of information technology has driven modernization in various legal fields, including notarial services. One form of innovation is the use of electronic certificates in making notarial deeds. This study aims to analyze the form of legal responsibility of notaries for errors and misuse in the use of electronic certificates and to assess the adequacy of regulations governing their legal protection. The method used is normative legal research with a statutory regulatory approach and legal literature analysis. The results of the study indicate that notaries can be held accountable civilly, criminally, or administratively if there is a violation in the use of electronic certificates. Although the use of electronic certificates has a legal basis through the ITE Law and its implementing regulations, existing regulations do not fully regulate in detail the technical mechanisms, responsibilities, and supervision of notaries in the digital context. Therefore, it is necessary to prepare more technical and specific regulations to ensure legal certainty and protection for parties who use notary services in the digital era.]]>
<![CDATA[Legal Certainty of Land Certificates has been Issued Legally & Obtained In Good Faith (Review Decision Study Number 718 PK/PDT/2018) ]]>
<![CDATA[Puspasari, Anneke Ivana]]>;
<![CDATA[Suryani, Suryani]]>;
<![CDATA[Samosir, Tetti]]>
<![CDATA[ JURNAL AKTA Vol 12, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v12i2.45301
<![CDATA[Land rights have described a person’s rights to ownership, must be registered in the land registry. This study uses a normative research method with qualitative analysis to obtain research results and discussions regarding the principle of good faith land ownership by a party for at least 20 (twenty) years and no other party has filed an objection or sued for 5 (five) years after the registration of the land in control with the Head of the local Land Office, until a certificate is legally issued as proof of ownership based on Article 32 paragraph (2) of the PP Land Registration in conjunction with Article 64 paragraph (1) PP No. 18/2021. To obtain legal certainty of ownership of land rights as has been canceled through a district court decision, the buyer filed a judicial review with an application using the legal basis of 32 paragraph (2) of the PP Land Registration and submitting new evidence (novum).]]>
<![CDATA[Legal Protection of Third Parties in Problematic Notarial Deeds Based on Law No. 2 of 2014 and the Civil Code ]]>
<![CDATA[Salam, Ahmad Muhammad]]>;
<![CDATA[Rokhyati, Sri]]>;
<![CDATA[Samosir, Tetti]]>
<![CDATA[ JURNAL AKTA Vol 12, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v12i2.45309
<![CDATA[This study aims to analyze the form of legal protection for third parties in problematic notarial deeds and to examine the extent of the notary's responsibility if the deed causes losses to parties other than the parties who appear directly. This problem is important to study considering that notarial deeds have perfect evidentiary power and can have broad legal consequences, including for third parties who are not directly involved in making them. The method used in this study is the normative legal method with a statutory approach and a case approach. Data were obtained through a literature study covering primary and secondary legal materials, and were analyzed qualitatively to interpret applicable legal provisions and their application practices in dispute resolution. The results of the study indicate that legal protection for third parties has not been explicitly regulated in Law No. 2 of 2014 concerning the Position of Notary or in the Civil Code. However, protection can be provided through the application of general principles in civil law such as good faith, the principle of prudence, and the principle of responsibility for unlawful acts. Notary liability can be requested if there is proven negligence in carrying out his/her duties that causes losses to third parties. This liability can be in the form of civil, administrative, or even criminal liability, depending on the form of violation committed. The conclusion of this study emphasizes the importance of strengthening regulations regarding notary liability and protection of third parties more firmly in laws and regulations. In addition, progressive legal interpretation is also needed from the judicial institution to ensure justice and legal certainty for all parties affected by the existence of notarial deeds.]]>
<![CDATA[The Authority of Notaries & Land Deed Making Officials (PPAT) from The Perspective of The Code of Ethics: Overlaps & Their Legal Implications ]]>
<![CDATA[Suprianto, Mutiara Anggia Putri]]>;
<![CDATA[Damayanti, Nandaini Intan]]>;
<![CDATA[Samosir, Tetti]]>
<![CDATA[ JURNAL AKTA Vol 12, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v12i2.45302
<![CDATA[This study discusses the authority of notaries and Land Deed Officials (PPAT) from the perspective of the professional code of ethics, focusing on the phenomenon of overlapping authority and its legal implications. Although the authority of these two positions has been strictly regulated in laws and regulations, in practice there are still frequent deviations, especially by officials who hold two positions at once. This study uses a normative legal approach with a literature study method on laws and regulations, codes of ethics, and related legal documents. The results of the study indicate that the form of overlapping authority occurs when a notary uses his capacity to exercise the authority of a PPAT or vice versa, which results in administrative errors and can harm the parties in legal transactions. The legal implications include the potential for formal defects in the deed, violations of the professional code of ethics, administrative to criminal sanctions, and civil lawsuits by the injured party. Therefore, a deep understanding and discipline are needed in carrying out the functions of each position in accordance with legal provisions and professional ethics to maintain integrity and legal certainty in public services.]]>
<![CDATA[Legal Certainty of PPJB Land Objects Certificate Issued on The Basis of Breach of Performance (Study of Decision Number 236/PDT. G/2022/Pn.TJK) ]]>
<![CDATA[Eferdy, Faiza]]>;
<![CDATA[Nurlela, Nurlela]]>;
<![CDATA[Samosir, Tetti]]>
<![CDATA[ JURNAL AKTA Vol 12, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v12i2.45310
<![CDATA[PPJB is an agreement between the seller and the buyer before the sale and purchase is carried out because there are elements that must be met for the sale and purchase. The problems in this study were analyzed using normative methods with qualitative analysis to obtain conclusions about Certificate Position Ownership Rights No. 00882 dated September 9, 2022 covering an area of 1,657 m2 (one thousand six hundred and fifty seven square meters) is invalid and can be canceled due to administrative legal defects, cancellation or an order to record changes to the maintenance of land registration data can be made according to laws and regulations. Administrative legal defects occur due to errors in: procedures in the process of determining and/or registering land rights; procedures in the process of registering transfers of rights and/or replacement certificates; procedures in the process of registering confirmation and/or recognition of rights to land formerly owned by customary law; procedural errors in the process of measuring, mapping and/or calculating the area; overlapping rights or land rights certificates; errors in the subject and/or object of rights; and other errors in the application of laws and regulations.]]>
<![CDATA[Analysis of the Validity of Notarial Deeds in Land Ownership Transactions by Foreign Nationals through Nominees based on Law No. 5 of 1960 concerning Basic Agrarian Principles ]]>
<![CDATA[Prakoso, Giesma Dwi]]>;
<![CDATA[Nabila, Shafa Kintan]]>;
<![CDATA[Samosir, Tetti]]>
<![CDATA[ JURNAL AKTA Vol 12, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v12i2.45303
<![CDATA[Law No. 5 of 1960 concerning Basic Agrarian Regulations (UUPA) explicitly limits land ownership in Indonesia to Indonesian citizens (WNI). However, in practice, many foreign citizens (WNA) use the nominee scheme to acquire land by listing the name of the WNI as the formal owner in the land title certificate. This scheme is generally facilitated through a notarial deed containing a nominee agreement, absolute power of attorney, or a sale and purchase agreement. This study aims to analyze the validity of notarial deeds made in land ownership transactions by WNA through a nominee scheme based on applicable laws and regulations. The research method used is normative legal research with a statute approach and a case approach. The results of the study indicate that notarial deeds made in nominee transactions can be considered null and void because they conflict with the UUPA and the principle of legal certainty in the Indonesian agrarian system. Based on Article 21 paragraph (1) and (3) of the UUPA, land ownership rights cannot be owned by foreign nationals, and if transferred to foreign nationals, the land must be released within one year or fall to the state. In addition, nominee agreements made before a notary also conflict with Article 1320 of the Civil Code because they have an “unlawful cause” (causa illicita). Therefore, stricter supervision of nominee practices and more assertive legal reform are needed to prevent misuse of this scheme and maintain agrarian sovereignty in Indonesia.]]>
<![CDATA[The Role of Notaries in the Transaction Process and its Implications for the Validity of Land Documents under the Law ]]>
<![CDATA[Simanjuntak, Kevin Malinowski]]>;
<![CDATA[Tiaranda, Muhammad Fachreza]]>;
<![CDATA[Samosir, Tetti]]>
<![CDATA[ JURNAL AKTA Vol 12, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v12i2.45304
<![CDATA[This study discusses the role of notaries in the land transaction process in Indonesia and its legal implications for the validity of land documents. Notaries as public officials have the authority to make authentic deeds that serve as the legal basis for the transfer of land rights. The involvement of notaries in every stage of the transaction, from verifying the identities of the parties to making and ratifying the deed, plays an important role in creating legal certainty and preventing disputes in the future. However, in practice, challenges are still found such as abuse of authority by unscrupulous notaries and low public awareness of the importance of the legality of land transactions. This study uses a normative legal method with a qualitative approach, examining relevant laws and regulations and legal literature. The results of the study indicate that although the role of notaries has made a significant contribution to the validity of land documents, supervision and guidance of the notary profession need to be improved, and legal education for the community needs to be expanded in order to create a more transparent, accountable, and legally secure land system.]]>
<![CDATA[The Evidential Power of Notarial Deeds in Land Disputes between Certificate Owners and Land Cultivators ]]>
<![CDATA[Cahyadi, Arvin Bintang]]>;
<![CDATA[Hasibuan, Muhammad Reza Afdilla]]>;
<![CDATA[Samosir, Tetti]]>
<![CDATA[ JURNAL AKTA Vol 12, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v12i2.45306
<![CDATA[This study aims to analyze the evidentiary power of notarial deeds in land disputes between certificate owners and land cultivators. Notarial deeds are authentic evidence that legally have perfect evidentiary power, especially when they form the basis for the transfer of registered land rights. However, in practice, there are often clashes between the strength of administrative evidence and physical control by the cultivator. This study uses normative and empirical legal methods with a qualitative approach. Data were obtained through literature studies, document studies, and analysis of court decisions. The results of the study indicate that although notarial deeds and certificates provide a strong legal standing for the owner, the judge’s considerations also include aspects of physical control, good faith, and other supporting evidence. Legal protection for certificate owners can be optimally realized if accompanied by real control and active legal action in defending rights. Therefore, the presence of notarial deeds needs to be understood not only as administrative documents, but also as part of the evidentiary system that must be supported by facts in the field.]]>
<![CDATA[Legal Certainty of the Proof Power of Notary Deeds in the Concept of Cyber Notary according to Indonesian Positive Law ]]>
<![CDATA[Iswari, Katrin Yogi]]>;
<![CDATA[Adzania, Pelangi]]>;
<![CDATA[Novilawati, Rizka]]>;
<![CDATA[Samosir, Tetti]]>
<![CDATA[ JURNAL AKTA Vol 11, No 3 (2024): September 2024 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v11i3.39750
<![CDATA[The development of technology in the field of notary in the digital era requires notaries to provide public services in accordance with their roles and authorities based on cyber notary. Therefore, the urgency of this study is to analyze the guarantee of legal certainty over the evidentiary power of Notarial Deeds made in the concept of cyber notary along with all the legal consequences that arise, especially for agreements that are required to be in the form of Authentic Deeds. This study is a normative legal research conducted by examining library materials or secondary data which is also commonly referred to as literature study research. This study concludes that there is no legal certainty regarding the evidentiary power of notarial deeds made in the concept of cyber notary according to Indonesian positive law because there are no clear regulations regarding cyber notary based on Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning Notary Positions and Law No. 11 of 2008 concerning Information and Electronic Transactions. There is a degradation of the evidentiary power of notarial deeds which should be authentic deeds that have perfect evidentiary power into private deeds. Such conditions will also ultimately result in the failure to fulfill the formal agreement elements required by legislation and have a further impact on the fulfillment of obligations under legislation that require the use of a notarial deed.]]>
<![CDATA[The Legal Implications of Forgery Sale & Purchase Binding Agreement by Notary Public ]]>
<![CDATA[Samosir, Tetti]]>;
<![CDATA[Harlina, Indah]]>;
<![CDATA[Akbar, Fikri Miftakhul]]>
<![CDATA[ JURNAL AKTA Vol 9, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i4.27920
<![CDATA[The notary is a public official who is authorized to make authentic deeds, in which the obligation of a notary in carrying out his position must act honestly, reliably, independently, impartially, thoroughly, and safeguard the interests of the parties involved in legal actions. This is known as the precautionary principle for a notary in carrying out his position as a public official. The purpose of this writing is to examine the legal implications of counterfeiting and the responsibility of a notary to the binding sale and purchase agreement he made. The research method used in this paper is normative juridical with a statutory and case study approach. The results and findings obtained after conducting research and analysis of the problems in this paper, namely the legal impact due to the negligence of a notary in making a binding sale and purchase agreement because to forgery, so that the legal consequences of these PPJB are void, this is because it is not in accordance with the legal requirements of an agreement as stated in Article 1320 of the Civil Code, namely those relating to lawful causes. This happens because the notary in carrying out his authority does not carry out his obligations related to the principle of precautionary, therefore the notary must be responsible for his actions that have been carried out in accordance with the law and code of ethics. So it can be concluded that the deed made by the notary is null and void and is not an authentic deed but a private deed.]]>
