Mulyadi Mulyadi
Program Pascasarjana Magister Kenotariatan, Universitas Jayabaya Jakarta

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PERAN DAN TANGGUNG JAWAB NOTARIS ATAS PEMBUATAN PERJANJIAN NOMINEE SEBAGAI UPAYA PENYELUNDUPAN HUKUM YANG DILAKUKAN PENGHADAP Aurelia Libertina Nadeak; Jelly Nasseri; Mulyadi Mulyadi
Journal of Innovation Research and Knowledge Vol. 5 No. 11 (2026): April 2026
Publisher : Bajang Institute

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Abstract

Notaries are authorized to make authentic deeds with the obligation to guarantee legal certainty. However, the practice of making nominee agreements is often misused as a form of legal smuggling, especially regarding restrictions on foreign ownership. This raises issues regarding the responsibility of notaries which are generally only based on the formal truth of the parties' statements. This study highlights the authority, responsibility, and supervision of notaries in relation to nominee agreement deeds. The formulation of the research problem is, what is the role of Notaries in the making of nominee agreements that are suspected of being a legal smuggling attempt and what is the legal responsibility of Notaries for nominee agreements that are suspected of being a legal smuggling attempt. The legal theories applied as analytical tools are the responsibility theory of Hans Kelsen and the agreement theory of R. Subekti. The method used in this research is a normative juridical research type, namely library legal research by using secondary data. The writing approaches used are the statutory approach, conceptual approach, analytical approach, and case approach. The legal material collection technique is carried out by identifying and inventorying positive legal regulations, book literature, journals, and other legal material sources. For legal material analysis techniques, grammatical interpretation, systematic interpretation, and legal construction methods are used. Nominee agreements granting access to land ownership to foreign nationals violate Articles 21 and 26 of the Basic Agrarian Law. According to Hans Kelsen, this violation automatically gives rise to legal liability for notaries, regardless of the parties' intentions. From Subekti's perspective, nominee agreements are invalid because they violate the law and therefore do not create a binding contract. Therefore, notaries remain liable for the deeds they create, whether civil, administrative, or criminal.
PERLINDUNGAN HUKUM BAGI PEMBELI TERKAIT AKTA PERJANJIAN PENGIKATAN JUAL BELI YANG OBJEKNYA TIDAK DILAKUKAN PENGECEKAN KEPEMILIKANNYA OLEH NOTARIS Azmi Ansyari; Felicitas Sri Marniati; Mulyadi Mulyadi
Journal of Innovation Research and Knowledge Vol. 5 No. 11 (2026): April 2026
Publisher : Bajang Institute

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Abstract

The increasing number of land and building transactions has led to the frequent use of Sale and Purchase Binding Agreements (PPJB) prior to the execution of a formal deed of sale and purchase. However, in practice, such agreements are often drawn up without prior verification of land ownership by the notary. This situation creates a risk of legal disputes and potential losses for good-faith buyers if the land is later found to be under dispute or encumbered with third-party rights. The research problems addressed in this study are: how the legal liability of a notary arises in relation to a Sale and Purchase Binding Agreement drawn up without prior verification of ownership, and how legal protection can be afforded to buyers in connection with such agreements, analyzed through the theory of legal protection as proposed by Satjipto Rahardjo and the theory of liability as articulated by Hans Kelsen. The method used in this research is normative juridical research, namely legal research based on library materials or secondary data, consisting of primary, secondary, and tertiary legal materials. The research approaches employed include the statutory approach, case approach, analytical approach, and conceptual approach. The collection of legal materials is carried out by identifying and inventorying positive legal norms, book literature, journals, and other legal sources. The analysis of legal materials is conducted through legal interpretation, namely grammatical interpretation and systematic interpretation, as well as methods of legal construction, including analogical construction and legal refinement. The findings indicate that the execution of a PPJB without prior verification of land ownership constitutes a violation of the prudential principle that must be observed by notaries in performing their official duties. In such circumstances, notaries may be held legally liable under civil, administrative, and professional ethical frameworks if their negligence causes losses to the buyer. Furthermore, good-faith buyers remain entitled to legal protection through civil remedies, including claims for damages, annulment or degradation of the evidentiary value of the deed, and legal actions against responsible parties.