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Legal Implications of the Annulment of Land Grant Deeds and the Liability of the Land Deed Official in Deed Execution Yenni Kartika; Rasji Rasji
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 2 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.2.2025.123-129

The Deed of the Land Deed Official plays an essential role in guaranteeing legal certainty over the transfer of land rights. However, in practice, violations of formal requirements often occur, such as the failure to read the deed before the parties. This study aims to analyze the validity of a deed of grant that was not read in the presence of the parties, as well as the legal liability of the Land Deed Official for executing a deed that does not comply with the prescribed procedures. This research employs a normative juridical method with a statutory approach and a case study analysis of Decision Number 298/Pdt.G/2021/PN Kpg. The results of the study indicate that a Land Deed Official’s deed that is not read before the parties constitutes a deed with a formal defect, causing it to lose its status as an authentic deed and, consequently, depriving it of full legal evidentiary strength. In addition, a Land Deed Official who neglects the obligation to read the deed may be held legally liable administratively, civilly, as well as ethically under professional conduct standards. In conclusion, the reading of the deed before the parties is not merely a procedural formality, but rather constitutes a form of legal protection and a moral responsibility of the Land Deed Official to ensure validity and fairness in every legal act concerning land affairs.

Legal Pluralism in Corporate Social Responsibility (CSR) Based on Tri Hita Karana in Bali I Wayan Suarjana
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 2 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.2.2025.71-74

Corporate social responsibility based on Tri Hita Karana in Bali creates a unique coexistence between positive law and customary law in corporate governance. This study analyzes the legal coexistence in Tri Hita Karana CSR, examines normative conflict resolution mechanisms, and evaluates the consistency of legal pluralism. The normative juridical method uses legal materials analysis through regulatory, conceptual, and comparative approaches. The results indicate that coexistence manifests in three constructions: complementary harmonization, selective adaptation, and continuous negotiation. Conflict resolution is regulated through a hybrid legal structure with strong legitimacy in the hierarchy of norms. Legal pluralism creates systemic consistency that integrates local values with national standards.

Validity of The Guarantee Bond Agreement with Life Insurance Policy as The Object of Guarantee Ni Made Kintan Ayu Arya Putri; I Made Dedy Priyanto
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 2 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.2.2025.75-80

This study examines the legal status of conventional life insurance policies as collateral objects in bank financing based on the Civil Code (KUHPerdata). The main focus lies on two issues: (1) whether life insurance policies can be categorized as intangible objects according to Article 511 paragraph (3) of the Civil Code; and (2) how is the validity of the collateral binding agreement for the life insurance policy. By using the normative legal research method through literature study, it was found that life insurance policies are conditional obligations whose validity depends on certain events (for example, the death of the insured). Therefore, this policy cannot be classified as an object within the meaning of Article 511 paragraph (3) of the Civil Code because it does not contain any achievements that can be directly collected. In addition, as an independent principal agreement, insurance policies cannot be used as primary collateral in credit agreements because they conflict with the principle of accessory agreements. Combining the function of the policy as primary collateral in one unit with a credit agreement has the potential to cause the agreement to be void by law. However, insurance policies can be used as additional collateral (second way out) as long as they maintain their basic function as risk coverage contracts. This research contributes to strengthening the legal framework of guarantees and providing legal certainty for financial institutions and customers in credit guarantee practices.

Inconsistency of The Principle of Horizontal Separation in Law Number 4 of 1996 Concerning Mortgage Rights Ni Luh Ari Andini Adnyana; I Wayan Novy Purwanto
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 2 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.2.2025.81-88

The objective of this study is to analyze the inconsistency in the application of the horizontal separation principle within Law No. 4 of 1996 on Mortgage Rights over Land and Objects Related to Land, as well as its legal consequences. This research employs a normative legal research method with a statute approach, focusing on the analysis of legal norms, principles, and regulations. The data collection technique involves a literature review of journals, books, and relevant legal provisions. The findings indicate that although the horizontal separation principle is incorporated into the Indonesian agrarian legal system under the Basic Agrarian Law (UUPA), inconsistencies arise from the misalignment between UUPA and the Mortgage Rights Law (UUHT). These inconsistencies result in uncertainties regarding collateral objects, insufficient protection for building owners who do not hold ownership over the land, and potential obstacles in the execution of creditor’s rights. It is necessary to harmonize the two legal frameworks to establish clearer and more reliable legal certainty.

Fingerprint Attachment in Notary Act Minutes: Analysis of Implementation and Its Impact on Authentic Acts Ida Ayu Ari Mahayani; I Wayan Novy Purwanto
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 2 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.2.2025.89-97

Urgency of attaching the fingerprints of the parties in the minutes of notarial deeds as an effort to strengthen the validity of authentic deeds and reduce the potential for legal disputes. This practice is based on the provisions of Article 16 paragraph (1) letter c of Law No. 2 of 2014 concerning the Position of Notary, which mandates notaries to attach the fingerprints of the parties as part of the minutes of the deed. Through a normative legal approach, this study analyzes the legal basis, implementation in the field, and legal impacts if these provisions are not met. The results of the analysis show that attaching fingerprints is not just an administrative formality, but has an important function in proving the presence and identity of the parties in the deed-making process. The absence of fingerprints in the minutes can potentially reduce the value of the deed's evidentiary value as an authentic deed, even opening up the opportunity for cancellation or lawsuits in the future. Therefore, attaching fingerprints must be understood as a substantive obligation that cannot be ignored. This study recommends strengthening supervision of the implementation of these obligations and increasing the understanding of notaries and the public regarding the importance of this aspect in legal protection.

The Notary's Responsibility for False Statements From the Parties in the Making of Authentic Deeds Reviewed From the UUPA Ni Nyoman Ayu Sri Ratna Sari; I Made Walesa Putra; I Gusti Ngurah Dharma Laksana
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 2 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.2.2025.98-104

A Notary is a Public Official who is authorized to make authentic deeds in accordance with the provisions of UUJN Article 1 number 1. Notaries are required to be responsible for the deeds they have made. However, the problem is when the authentic deed made by the Notary contains false information or untruths from the parties. In this case, the Notary only contains data and information provided by the parties. There are no regulations regarding the notary's obligation to validate information from the parties. The purpose of this study is to determine the notary's responsibility when the authentic deed contains false information from the parties and the form of legal protection for notaries against deeds containing false information. The research method used is the normative juridical legal research method which departs from the absence of norms where there is no regulation regarding false information contained in the Notary's deed. Using primary, secondary and tertiary legal materials as well as conceptual approaches and statutory approaches. The results of the study can be concluded that the notary is responsible for the deeds he made both civilly, criminally and administratively. Criminal responsibility lies entirely with the party who provides false information. If a notary intentionally falsifies or manipulates the contents of a deed, he or she can be held legally responsible. Legal protection for notaries can be seen in article 66 of the UUJN where a notary for the benefit of the court, investigation, public prosecutor, or judge with the approval of the Notary Honorary Council.

Application of The Principle of Justice in Cases of Transfer of Land Rights Based on A Sales Receipt Gusti Ngurah Darmawan; Anifatus Sa’adah; Gabriel Dito More Sambe Gana; Albertus Yoseph Nahak
NOTARIIL Jurnal Kenotariatan Vol. 11 No. 1 (2026)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.11.1.2026.1-9

Underhand land sales transactions evidenced only by simple sales receipts as proof of payment often give rise to legal issues in Indonesian society. This research uses a normative juridical method with a statutory approach and case studies of court decisions related to land sales disputes based solely on sales receipts. This research aims to analyze the position of sales receipts as evidence in proving the transfer of land rights, as well as the application of the principle of justice in the transfer of land rights based on receipts. The results of the study indicate that receipts only serve as underhand deeds with limited evidentiary power, namely as proof of payment or the existence of a sales and purchase agreement, but cannot be used as a direct basis for registering the transfer of land rights at the land office. However, in practice, the court can recognize the validity of land sales based on receipts as long as the valid conditions of the agreement according to Article 1320 of the Civil Code are met. Thus, receipts can function as supporting evidence in civil disputes, but do not replace the obligation to make a PPAT deed as a formal requirement for the transfer of land rights.

Liability of A Notary in Making The Deed of Minutes of General Meeting of Shareholders in A Closed Limited Company Conducted Through Media Teleconference Aslan Noor; Avelino William Nugraha; Purwa Surya Nugraha; Ferdinand Septiano; Bimo Lagar Sakti
NOTARIIL Jurnal Kenotariatan Vol. 11 No. 1 (2026)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.11.1.2026.10-18

This study discusses the responsibility of the Notary in making the deed of the Minutes of the General Meeting of Shareholders and the legal consequences of the deed of the Minutes of the General Meeting of Shareholders in a Limited Company which is carried out through teleconference media. There is a conflict of norms between the provisions of Article 77 paragraph (4) of the Company Law which in essence states the minutes of the General Meeting of Shareholders via Teleconference must be approved and signed by all participants of the General Meeting of Shareholders with the provisions of Article 90 paragraph (2) of the Company Law which essentially states the minutes of the General Meeting of Shareholders. Shares in the form of a notarial deed are not required to be signed by the participants of the GMS. The purpose of this study is to analyze the responsibilities of a Notary in the Making of the Minutes of the General Meeting of Shareholders and the legal consequences of the deed of the Minutes of the General Meeting of Shareholders via teleconference. The method used is the normative law research method. Sources of legal materials are primary legal sources in the form of laws and regulations, secondary sources of legal materials in the form of books, journals, scientific documentation and tertiary legal sources in the form of large Indonesian language dictionaries and the internet. The theoretical basis used is the theory of authority, the theory of legal responsibility, the theory of legal benefit and the theory of legal certainty. The results of the study indicate that if there is an error from the Notary in making the deed of the Minutes of the General Meeting of Shareholders via teleconference, the Notary has civil, criminal and administrative responsibilities and the legal consequences are the cancellation of the deed. So, a Notary must pay close attention to the provisions of the relevant laws and regulations to avoid legal problems and stricter provisions are needed regarding the procedure for making a deed of the Minutes of the General Meeting of Shareholders in a Limited Company by teleconference.

Implementation of the Wana Kertih Concept in Building Community Legal Awareness toward the Preservation of Customary Forests in Bayung Gede Customary Village, Kintamani District, Bangli Regency Ida Bagus Sudarma Putra; I Made Sugita; I Made Sudharma; Dewa Putu Tagel
NOTARIIL Jurnal Kenotariatan Vol. 11 No. 1 (2026)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.11.1.2026.79-86

The implementation of the Wana Kertih concept in building community legal awareness toward the preservation of customary forests in Bayung Gede Customary Village demonstrates that the Wana Kertih concept is a sekala niskala (material-spiritual) concept that integrates spiritual, ecological, and social dimensions based on the tued kayu myth and Bali Mula cosmological beliefs. This concept is manifested through the ritual of hanging placenta at the Bukak Tree in the placenta cemetery (setra ari-ari), reflecting the Catur Sanak philosophy and Tri Hita Karana values. Effective implementation occurs through three elements: (1) Legal substance in the form of unwritten awig-awig (customary law) with the imposition of arta danda penalties of 200 ancient kepeng coins based on restorative customary sanctions; (2) Legal structure through the Ulu Apad Paduluan Saih Enembelas system led by Jero Kubayan Mucuk with communal supervision mechanisms; (3) Community legal culture reflecting high legal awareness, despite the majority of the population being dominated by elementary and secondary education graduates (approximately 59.34% or nearly 70% including those who have not completed elementary school), demonstrating that Wana Kertih has become living law with stronger binding force compared to formal law because it originates from spiritual awareness internalized through daily social-spiritual practices and cosmological beliefs embedded over hundreds of years. This concept proves the effectiveness of community-based local wisdom in sustainable customary forest preservation without reliance on formal state law enforcement.

The Urgency of Legal Counseling by Land Deed Officials (PPAT) Regarding the Conversion of Agricultural Land Ownership for Tourism Businesses in Badung Regency Ni Putu Nugraheni; I Nyoman Bagiastra
NOTARIIL Jurnal Kenotariatan Vol. 11 No. 1 (2026)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.11.1.2026.19-26

This study examines the urgency of legal counseling by PPAT in the practice of converting agricultural land for tourism businesses in Badung Regency. This issue shows a gap between das sollen (the social function of land and compliance with spatial planning as regulated in Law Number 5 of 1960 concerning Basic Agrarian Principles and Law Number 26 of 2007 concerning Spatial Planning) and das sein (the practice of massive, investment-oriented agricultural land conversion). The method used is normative juridical with a regulatory and conceptual approach. The results of the study show that although the authority of PPAT is limited to the creation of authentic deeds, the function of legal counseling is an inherent preventive responsibility to ensure compliance with spatial planning and guarantee legal certainty. Optimizing this preventive role is important in order to prevent administrative violations, disputes, and impacts on environmental sustainability and food security.

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Home Page

OAI Link

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Reviewer

Google Scholar

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Location Kota denpasar, Bali INDONESIA

Abstract

Abstract

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Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota denpasar,

Bali

INDONESIA