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All Journal JIHAD : Jurnal Ilmu Hukum dan Administrasi Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Klenten, Bred
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Legal Liability of Notaries for Misuse of Certificate Custody by Third Parties: Case Analysis of Albert Riwukore Klenten, Bred; Djaja, Benny; Sudirman, Maman
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i2.8746

Abstract

A notary, as a public official, holds legal responsibility for any document or item entrusted to them in the scope of their professional duties. This paper examines the legal liability of Notary Albert Riwukore regarding the loss of nine land ownership certificates (SHM) that were initially deposited during the credit collateral process between Rachmat (debtor) and BPR Christa Jaya Perdana (creditor). Although the SHMs were retrieved by Rachmat—its legal owner—for photocopying purposes, the retrieval lacked written consent and official documentation from the notary's office. This raised legal concerns under both civil law (tort and breach of contract) and criminal law (alleged embezzlement). The analysis reveals that the notary’s responsibility must be distinguished between administrative negligence and criminal intent. No evidence supports the presence of dolus (malicious intent), although culpa (negligence) may still be applicable. Moreover, Rachmat's voluntary action as the rightful owner to retrieve the certificates eliminates a key element of embezzlement. This study underlines the importance of meticulous documentation systems and precautionary procedures in the notarial profession to avoid potential criminalization of their official duties.
LEGAL CONSEQUENCES OF MEASUREMENT ERRORS IN LAND SALE AND PURCHASE AGREEMENTS: REVIEW OF THE OBLIGATIONS AND RIGHTS OF THE RELATED PARTIES BASED ON THE CIVIL CODE Klenten, Bred; Djajaputra, Gunawan
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 3 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i3.2948

Abstract

Land sales and purchase agreements are one of the most common transactions in daily life. An important element in this agreement is the measurement of the land being sold. However, measurement errors in land sale transactions often occur, which can lead to significant legal consequences for the parties involved. Measurement errors can affect the validity of the agreement and the rights and obligations of the parties, such as the seller and the buyer. According to the Civil Code (KUHPerdata), measurement errors in land can lead to the cancellation of the agreement, price reduction, and the obligation to compensate for the loss resulting from the difference in land area. Furthermore, both parties may negotiate or conduct a remeasurement to reach a fair resolution. If an agreement cannot be reached, the agreed party may file a lawsuit in court. Therefore, it is crucial to understand the legal implications of measurement errors in land sale agreements and the legal resolution procedures outlined in the Civil Code.
Co-Authors Djaja, Benny Djajaputra, Gunawan Sudirman, Maman