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All Journal Journal of Political And Legal Sovereignty Jurnal Analogi Hukum
SARI, Ni Made Arnita
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Law, Crime, Criminology & Criminal Justice

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Juridical Analysis of the Use of Deed Under Hand as the Basis for Making PKR Deed in the Form of Authentic Deed by Notary in the Conception of Legal Certainty SARI, Ni Made Arnita; KOSASIH, Johannes Ibrahim; AGUNG, Anak Agung Istri
Journal of Political And Legal Sovereignty Vol. 3 No. 2 (2025): Journal of Political And Legal Sovereignty (April – June 2025)-In Press
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v3i2.345

Abstract

Purpose:This study aims to juridically examine the suitability of using deeds under the hand as a legal basis in notarial practice and analyze the form of notary liability in the context of legal certainty.Methodology:The method used is normative legal research with statutory, conceptual, and case approaches. Data was collected through a literature study, interviews with five notaries, and analysis of three concrete cases, including case No. 616 K/PK/Pdt/2023.Findings: The results show that although the use of handwritten documents is still often encountered in practice, notaries are obliged to ensure the validity of the contents and identity of the parties before being stated in the authentic deed. Legal responsibility is attached to the notary both civilly, administratively, and criminally if there is an error or dispute due to the deed made. The unclear norms regarding the limits of the use of underhand documents show the need for legal clarity so that the deed made remains valid, strong, and does not cause legal loopholes.Implication Therefore, there is a need for legal reform to create clarity of norms regarding the limits of the use of underhand documents so that the deed made remains valid, strong, and does not cause legal gaps.
Wewenang Notaris Membuat Surat Kuasa Membebankan Hak Tanggungan (SKMHT) Menggunakan Blanko Yang Disediakan Oleh Badan Pertanahan Republik Indonesia Sari, Ni Made Arnita; Sumardika , I Nyoman; Ujianti , Ni Made Puspasutari
Jurnal Analogi Hukum 62-67
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.62-67

Abstract

A notary is a public official who is authorized to make authentic deeds, and one of his authorities is to make a Power of Attorney to Charge Mortgage Rights hereinafter referred to as SKMHT. The authority of a notary to be able to make SKMHT can be done by making his own notary deed that has been prepared by a notary issued by National Land Agency of the Republic of Indonesia. A notary is a public official whose sole authority is to make an authentic deed regarding all acts, agreements and stipulations required by a general regulation or by an interest desired to be stated in an authentic deed. The formulations of the problems used are: 1. Is the power of attorney to impose mortgage rights (SKMHT) made by a Notary using the form provided by the National Land Agency of the Republic of Indonesia is not an authentic deed? 2. What are the legal consequences if the power of attorney to impose mortgage rights (SKMHT) made by a notary using the form provided by the National Land Agency of the Republic of Indonesia? The research method used in this study is a type of normative legal research. The approach adopted to discuss the problems in this study is through the statute approach and the conceptual approach. So the Notary is authorized to make SKMHT as stipulated in Article 15 paragraph (1) UUHT, but if the SKMHT he uses the SKHMT form provided by the Republic of Indonesia BPN, then the SKHMT he made does not fulfill the provisions of Article 38 UUJN, so the SKMHT Deed he made is not Authentic Deed, but only in the form of Deed Under the Hand. As a result of the law if the SKMHT made by the Notary uses the SKHMT form provided by the Republic of Indonesia BPN, it will result in a Notary, SKMHT made by a Notary null and void
Co-Authors Agung, Anak Agung Istri Johannes Ibrahim Kosasih Sumardika , I Nyoman Ujianti , Ni Made Puspasutari