Felicitas Sri Marniati
Program Pascasarjana Magister Kenotariatan, Universitas Jayabaya Jakarta

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PERLINDUNGAN HUKUM BAGI AHLI WARIS YANG TIDAK TERCANTUM DALAM AKTA KETERANGAN HAK WARIS YANG DIBUAT OLEH NOTARIS Renaldo Putrokoesoemo; Mardi Candra; Felicitas Sri Marniati
Journal of Innovation Research and Knowledge Vol. 5 No. 11 (2026): April 2026
Publisher : Bajang Institute

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Abstract

Inheritance occurs as a result of death. With the existence of a decedent, heirs and inherited property arise. A notary, as a public official, is authorized to draw up a Certificate of Inheritance Rights, which determines the heirs entitled to receive the inheritance and the respective portions they are entitled to. A phenomenon that occurs in society is the exclusion of an heir’s name from the Certificate of Inheritance Rights. The formulation of the problems in this research is as follows: (1) What is the legal responsibility of a Notary who prepares a Certificate of Inheritance Rights without including the name of one of the heirs? and (2) What legal protection is available for an heir whose name is not included in the Certificate of Inheritance Rights prepared by a Notary? The theories applied in this research are the Theory of Legal Responsibility according to Hans Kelsen and the Theory of Legal Protection according to Satjipto Rahardjo. The research method used 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 of this research indicate that the Notary’s responsibility depends on the presence or absence of fault in carrying out official duties. If the omission arises from the Notary’s lack of diligence in verifying heir data, the Notary may be held legally liable. However, if the deed is drawn up based on the statements of the appearing parties and the Notary has properly fulfilled all formal procedures, then the legal responsibility may not be imposed on the Notary. Legal protection for an heir whose name is not included may be pursued through civil legal remedies to affirm their rights, as well as through correction or annulment of the defective deed.
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.
TANGGUNGJAWAB DAN AKIBAT HUKUM BAGI PEJABAT PEMBUAT AKTA TANAH TERKAIT PENYALAHGUNAAN BIAYA TITIPAN PEMBAYARAN PAJAK PERSEROAN TERBATAS DALAM JUAL BELI HAK ATAS TANAH Shabrina Harahap; Felicitas Sri Marniati; Nur Hakim
Journal of Innovation Research and Knowledge Vol. 5 No. 11 (2026): April 2026
Publisher : Bajang Institute

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Abstract

The misuse of tax escrow funds by a Land Deed Official (PPAT) in transactions involving the transfer of land rights gives rise to legal issues, particularly when such funds belong to a limited liability company. This practice constitutes the use of funds for purposes other than those for which they were intended and results in financial losses to the limited liability company. The issues examined in this study concern the legal consequences faced by a PPAT who misuses escrow funds designated for the payment of taxes of a limited liability company in a land rights transfer transaction, as well as the legal liability of a PPAT who engages in such misuse of escrow funds. The theoretical framework employed in this research is Hans Kelsen’s Theory of Legal Responsibility and Soeroso’s Theory of Legal Consequences. The research method used 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 research findings indicate that the misappropriation of entrusted tax funds by a Land Deed Official (PPAT) gives rise to legal liability. In particular, civil liability arises from the contractual relationship between the Limited Liability Company and the PPAT in relation to the deposit of tax funds, as grounded in Article 1338 paragraph (1) of the Indonesian Civil Code. Accordingly, the PPAT’s misuse of such funds constitutes an unlawful act pursuant to Article 1365 of the Indonesian Civil Code, thereby obliging the PPAT to compensate the Limited Liability Company for its losses in accordance with Article 1243 of the Indonesian Civil Code.
TANGGUNG JAWAB NOTARIS ATAS AKTA DIBAWAH TANGAN YANG DILEGALISASI SEBAGAI ALAT BUKTI DI PENGADILAN Mario Sembiring Meliala; Felicitas Sri Marniati; Putra Hutomo
Journal of Innovation Research and Knowledge Vol. 5 No. 11 (2026): April 2026
Publisher : Bajang Institute

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Abstract

In proving a privately drawn deed in Court, one of the judge's duties is to investigate the truth of a legal relationship that is the basis of a lawsuit. A privately drawn deed legalized by a notary, as long as it is not denied or disputed by the parties, has the same legal force as an authentic deed. The problems in this study are how is the position of a privately drawn deed legalized by a Notary as court evidence, and the Notary's liability for a privately drawn deed legalized as court evidence. The theories used are the theory of proof according to H. Riduan Syahrani and the theory of legal liability according to Hans Kelsen. The method used in this research is a normative juridical research type, namely library research or secondary data with primary, secondary, and tertiary legal material sources. With the Legislation approach, Case Approach Analytical Approach, Conceptual Approach and Legal material collection techniques are carried out by identifying and inventorying positive legal regulations, book literature, journals and other legal material sources. For analysis techniques with grammatical interpretation, systematic interpretation, Analogy Construction and Legal Refinement Construction. This study examines the legal implications of claims based on privately executed deeds that have been legalized by a notary. As long as the privately executed deed is not denied or disputed by the parties, it possesses evidentiary value equivalent to that of an authentic deed. However, if the authenticity of the signatures contained in the privately executed deed is contested, the validity of the deed must be proven through other means of evidence, such as witness testimony, presumptions, and admissions. Furthermore, this research analyzes the notary’s responsibility in relation to the legalization of privately executed deeds. The notary’s responsibility is limited to providing certainty regarding the authenticity of the signatures and the date of execution. Legalization by a notary ensures that the signatures affixed to the deed genuinely belong to the parties to the agreement and not to any other person, as well as providing certainty as to the date on which the deed was signed.