Jurnal Multidisiplin Sahombu
Vol. 6 No. 03 (2026): Jurnal Multidisiplin Sahombu, 2026

Contractual Freedom, Legal Certainty, and the Enforceability of Notarial Deeds: A Normative Analysis

Mochammad Erwin Radityo (Universitas Pembangunan Panca Budi, Medan, North Sumatera, Indonesia)
Gloria Gita Ginting (Universitas Pembangunan Panca Budi, Medan, North Sumatera, Indonesia)
Muhammad Hirzi Aldivie (Universitas Pembangunan Panca Budi, Medan, North Sumatera, Indonesia)



Article Info

Publish Date
21 Jul 2026

Abstract

The principle of freedom of contract is a fundamental doctrine of contract law that allows parties to determine the terms of their agreements within the limits imposed by statutory law, public policy, morality, and good faith. In civil law systems, agreements are commonly formalized through notarial deeds to ensure legal certainty and strong evidentiary value. This study employs a normative legal approach by examining legislation, legal doctrines, and the regulatory framework governing notarial practice. The findings indicate that a notarial deed attains authentic status only when it complies with the formal and procedural requirements prescribed by law. However, its evidentiary authority does not validate agreements that suffer from defects of consent, lack of legal capacity, unlawful objects, or illegal causes. Such agreements remain subject to judicial review and may be declared void or voidable. This study concludes that freedom of contract and the legal enforceability of notarial deeds are complementary concepts: contractual autonomy governs the formation of agreements, whereas notarial deeds strengthen legal certainty without legitimizing contracts that violate substantive legal requirements.

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Journal Info

Abbrev

JMS

Publisher

Subject

Arts Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

Description

Jurnal Multidisiplin Sahombu is at the scope of the multidisciplinary intended is only limited to the following points, Economics Politics Public Business Civil society, Finance Culture Arts ...