Custodia: Journal of Legal, Political, and Humanistic Inquiry
Vol 1 No 3 (2026): March: Custodia: Journal of Legal, Political, and Humanistic Inquiry

Legality of Deed of Gift and Sale and Purchase of Sultan Ground Land: Normative Study of Notary Authority in Special Regions

Etty Wahyuningsih (Unknown)



Article Info

Publish Date
20 Jan 2026

Abstract

This study examines the authority of notaries in drafting deeds of gift and sale and purchase related to Sultan Ground land through a normative juridical approach. Sultan Ground land possesses a unique legal status under Indonesian agrarian law, which restricts the transfer of ownership rights. The analysis demonstrates that notaries are not authorized to draft authentic deeds implying the transfer of land rights over Sultan Ground, as such authority lacks a clear statutory basis. Notaries may only document legal acts related to land utilization or occupancy agreements that do not result in the transfer of ownership. Any expansion of notarial authority beyond these limits risks undermining legal certainty and distorting the function of authentic deeds within the legal system. Furthermore, deeds drafted outside the scope of lawful authority may be deemed legally flawed and expose notaries to administrative, civil, and ethical liability. Therefore, a restrictive interpretation of notarial authority is essential to maintain coherence between notarial law and agrarian law, as well as to ensure the validity and legal protection of land-related transactions involving Sultan Ground land.

Copyrights © 2026






Journal Info

Abbrev

custodia

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Custodia: Journal of Legal, Political, and Humanistic Inquiry is a peer-reviewed academic journal that focuses on the dissemination of high-quality research in the fields of law, politics, and humanities. It serves as an open platform for scholars, researchers, practitioners, and students to publish ...