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All Journal LEGAL BRIEF Journal of Social Research Jurnal Indonesia Sosial Teknologi
Benny Djaja
Universitas Tarumanagara, Indonesia
Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Notary Liability on Contract Renegotiation in Business Contracts Ni Nengah Dwi Dharmayanthi; Benny Djaja; Maman Sudirman
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 7 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i7.1216

Abstract

A notary is a public official who is given the mandate to make authentic deeds, one of which is through business contracts. In practice, business contracts often experience various updates for one reason or another. As part of a notary's duties to make business contract deeds, the notary also has the responsibility to ensure that all procedures and contract clauses do not conflict with the law. This research will discuss considerations about the role of notaries in preparing business contract documents, potential sources of disputes related to the implementation of business contracts and provisions for resolving disputes related to business contract deeds. To discuss this problem, an empirical juridical approach will be used through analytical descriptive research. The research concludes that the presence of a notary takes into account the interests of the parties when drafting business contract deeds so that they can anticipate possible conflicts that may arise. The authenticity of a notarial deed becomes absolute with the commitment of the parties concerned to continue to rely on consultation and agreement in resolving disputes that may arise.
Administrative Responsibility of Notaries in Making Franchise Agreement Deeds That Have Not Been Registered with the Ministry of Trade Alyaziza Aisya; M. Sudirman; Benny Djaja
Journal of Social Research Vol. 4 No. 7 (2025): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i7.2619

Abstract

Franchise agreements are modern business contracts that carry legal implications based on the principle of freedom of contract in the Civil Code, as well as administrative provisions such as registration with the Ministry of Trade, regulated under Minister of Trade Regulation No. 71 of 2019 on Franchise Implementation. Notaries play a critical role in formalizing these agreements through authentic deeds. However, issues arise when franchise agreements are made without a Franchise Registration Certificate (STPW). While notaries can still create deeds based on the parties' will, they are obligated to provide a legal explanation regarding the administrative status and associated risks. This research employs a normative legal methodology using both legislative and conceptual approaches, with qualitative analysis of legal documents and regulations. The study aims to highlight the significance of franchise agreement registration and the notary’s role in ensuring legal clarity. The findings suggest that notaries should be proactive in informing parties about the legal risks involved when a franchise agreement lacks an STPW, thereby enhancing legal protection for all parties. This research provides recommendations for both notaries and the government to strengthen the understanding of administrative obligations in franchise agreements and ensure better legal safeguards.
Legal Certainty and Protection for Original Certificate Holders in Disputes Regarding the Issuance of Replacement Certificates Dewani Kireina Tjitrasmoro; Benny Djaja
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1533

Abstract

This study aims to examine the legal protections afforded to buyers under a Sales and Purchase Agreement (SPA) and the legal certainty afforded to holders of original certificates in cases of replacement certificate issuance. This research employed a qualitative method with a normative-empirical approach through a review of laws and regulations, analysis of land documents, and a review of relevant cases. The results indicate that SPA does not provide sufficient legal protection if the land does not meet administrative and material requirements, particularly when the certificate used as the basis for the transaction is proven to be administratively flawed or is in dispute. The issuance of replacement certificates, the application of the principles of legality, accuracy, and prudence, are crucial in preventing and mitigating these risks. This study emphasizes the need to strengthen verification mechanisms and administrative oversight to ensure legal protection and to avoid land disputes
Co-Authors Alyaziza Aisya Dewani Kireina Tjitrasmoro M. Sudirman Maman Sudirman Ni Nengah Dwi Dharmayanthi