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All Journal NEGREI: Academic Journal of Law and Governance Warkat
Ananda, Heppy Trio
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Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Overlapping Authority to Make Land Deeds in Indonesia (A critical review of the realisation of legal order) Ananda, Heppy Trio; Permadi, Iwan; Supriyadi, Supriyadi
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i1.10268

Abstract

The concurrent authority of Notaries and Land Deed Officials (PPATs) in creating land deeds in Indonesia has resulted in legal ambiguity. This research employs a normative juridical approach, scrutinizing existing legal norms to ascertain the extent of authority granted to Notaries and PPATs and to identify potential conflicts. The findings indicate that the Notary Position Law (Law No. 30/2004, amended by Law No. 2/2014) endows Notaries with extensive authority, implying they are not confined by the restrictions in Government Regulation No. 24/2016. The existing ambiguity calls for legislative clarification. The study concludes that Notaries possess broad authority to draft land deeds, mostly unaffected by limitations on PPATs. Legislative measures are required to delineate clearer jurisdictional boundaries, ensuring legal certainty and preventing potential abuses of power. This research examines the realization of legal order in the context of overlapping authority to make land deeds in Indonesia.
Fungsi Hukum Dalam Penyelesaian Kasus Bidang Kenotariatan : (Studi Kasus Kode Etik dan Jabatan Notaris) Aiza, Didha Narin; Nabila, Selma; Ananda, Heppy Trio; Abdullah, Nadhifa; Susmayanti, Riana
WARKAT Vol. 4 No. 1 (2024): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In every society, law functions more to ensure security in society and guarantee the achievement of the social structure expected by society. One of them is in the field of notarial science with positive law in the form of laws and implementing regulations. The existence of regulations in Law Number 2 of 2014, Amendment to Law Number 30 of 2004 concerning the Position of Notaries (hereinafter referred to as UUJN) is not necessarily implemented well. There are still many legal problems that occur within and laxities that exist in the regulations for the position of notary, especially in the area of the professional code of ethics. So it is necessary to analyze real cases that have occurred (Das Sein) as well as problems in the regulations (Das Sollen) based on the function of the law itself. So this research produces a theory of the function of law that has an impact on law in the notary field. This research is normative research with a statutory approach (Statute Approach) and a conceptual approach (Conceptual Approach). From the results and discussion through case studies, the existence of this legal function theory can be used as a reference or benchmark for the implementation of law and legal products related to the notary profession and other public officials who make deeds. As well as meeting or relying on the synergy of the notary itself as a social institution. So that the Notary as a legal implementing factor (person) plays a very important role as a factor in implementing legal functions.
Co-Authors Abdullah, Nadhifa Aiza, Didha Narin Iwan Permadi Nabila, Selma Riana Susmayanti Supriyadi Supriyadi