Journal of Law, Poliitic and Humanities
Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities

Notary's Authority to Make a Deed of Power of Attorney for a Credit Agreement Without the Consent of the Owner of the Land Rights Certificate

Agustin, Dwi (Unknown)
Rochim, Abdul (Unknown)
Sunardi, Sunardi (Unknown)



Article Info

Publish Date
07 Aug 2025

Abstract

This study aims to examine the authority of notaries in making power of attorney deeds in credit agreements without the consent of the land title certificate owner, along with its legal consequences, and legal protection against misuse of power of attorney deeds for additional credit agreements made without the knowledge of the certificate owner. This study is a type of normative legal research using a statutory approach and a conceptual approach. The legal materials used include primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study are: first, Notaries do not have the authority to make power of attorney deeds for credit agreements without the consent of the land title certificate owner; second, the legal consequences for the owner of the land title certificate if there is a misuse of the power of attorney for credit agreements without his/her consent can be in the form of material or immaterial losses; and third, the form of legal protection for the owner of the land title certificate for the misuse of the power of attorney for credit agreements without his/her consent can be taken through legal efforts in the form of: civil lawsuits for compensation, criminal charges on the basis of unlawful acts, and/or complaints to the Notary Supervisory Board for violations of the notary's code of ethics in making power of attorney for credit agreements without the consent of the owner of the land title certificate.

Copyrights © 2025






Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...