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Responsibility of Notary/PPAT Regarding The Issuance of Sale and Purchase Deeds Based on Power of Attorney to Sell Without the Knowledge of the Legitimate Owner (Analysis of Decision Number 29/PDT.G/2025/PN.MTR) Ni Putu Novia Apriyanti Ardani; Djumardin Djumardin; Diman Ade Mulada
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.11.1.2026.27-39

The objectives of this study are to examine the validity of sale and purchase deeds issued by a Notary/PPAT based on a power of attorney to sell executed without the knowledge of the rightful owner according to the laws and regulations in Indonesia, the considerations of judges in making decisions related to the responsibility of a Notary/PPAT for issuing sale and purchase deeds based on the abuse of a power of attorney to sell, and the responsibility of a Notary/PPAT in providing legal protection to the rightful owner as a result of the transfer of ownership of land based on a legally defective sale and purchase deed. The type of research used is normative legal research. The research approaches used are the Statutory Approach, Case Approach, and Conceptual Approach. Legal materials are collected through library research. The analytical method used by the author is qualitative. Based on the discussion results, first, the AJB created due to the abuse of power to sell for guaranteeing debt repayment violates the validity requirements of an agreement under Article 1320 of the Civil Code and the UUHT, and is classified as an unlawful act. Therefore, the transfer of land rights without the consent of the legitimate owner has no legal force and can be annulled through a court decision. Second, the considerations of the Panel of Judges in the decision regarding the sale conducted by the Defendants over the object of dispute based on the power of attorney to sell without the plaintiff's knowledge do not meet the requirements of a valid agreement and result in losses for the plaintiff. Article 1820 of the Civil Code emphasizes that the recipient of the power of attorney is obliged to provide a report regarding all processes of executing their power. Thus, the legal act is declared invalid and annulled. Third, the accountability of a Notary/PPAT for a deed that is legally defective due to proven errors in the exercise of authority and official duties can be held accountable administratively, civilly, or criminally according to the type of violation.

Liability of Notaries and PPAT in the Making of Sales and Purchase Agreements of Land with Formal Defects: Study of Decision Number 309/PDT.G/2024/PN.MATARAM Aida Musyarrifah Hasri Putri; Hirsanuddin Hirsanuddin; M.Yazid Fathoni
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.11.1.2026.40-53

This study aims to analyze: (1) Regarding the basis of the judge's consideration in deciding the case in Decision Number 309/Pdt.G/2024/PN Mataram, whether the notary and the defendants in the control of the disputed object constitute an unlawful act. And (2) The responsibility of the notary or sanctions for the notary for making a land sale and purchase agreement that does not meet the legal validity requirements according to the law. This research is motivated by a land dispute jointly owned by two people, namely an uncle and a nephew, where one party, the nephew, then transferred the land by making a Preliminary Sale and Purchase Agreement (PPJB), followed by a power of attorney, and a Sale and Purchase Deed (AJB) without the knowledge of the other party. This led one party to file a lawsuit in court. The research method used is normative legal research with three approaches, namely the conceptual approach, the statutory approach, and the case approach. The sources of legal materials consist of primary, secondary, and tertiary legal materials, which are analyzed using qualitative analysis techniques. The results of the study indicate that in the judge's consideration, the judge partially approved the plaintiff's claim and stated that the deed that was made did not meet the requirements of a valid agreement. Furthermore, the judge also decided that regarding the consequences of the PPJB, Power of Attorney, AJB, and SHM in the name of the defendants, it was declared invalid. Therefore, the judge considers the actions of the defendants as unlawful acts under Article 1365 of the Civil Code. From the perspective of the liability of Notaries/PPAT and the legal consequences of the decision on the deeds made by the notary, if there is negligence, carelessness, or violation of statutory provisions causing losses during the performance of their duties, they can be held accountable civilly, administratively, or ethically.

Village Fund Corruption Reflects Weak Integrity of State Apparatus Cherra Janua Garini; Yogi Prasetyo; Sugeng Wibowo
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.11.1.2026.54-67

This study aims to explore the challenges of transparency in village fund management and corrupt practices in Madiun Regency. Issues discussed include the culture of patronage, regulatory deficiencies, and the low capacity of village officials, all contributing to corruption. The research method employed was qualitative with a descriptive approach, including interviews with stakeholders and document analysis. The study's findings indicate that misuse of village funds has resulted in significant losses to the state and undermined public trust. The cases in Sukosari and Gemarang demonstrate a pattern of systemic corruption through budget inflation and unrealistic procurement. The study's conclusions emphasize the importance of a comprehensive approach to improving oversight, the capacity of village officials, and community involvement in village fund management, in order to create a transparent and accountable village government.

Standard Terms on the TikTok Digital Platform Regarding the Revocation of Live Streaming Access Under the Consumer Protection Act Rendika Purnama; Suherman Suherman
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.11.1.2026.68-78

This study aims to analyze the standard clauses in TikTok’s Terms of Service and the platform’s liability regarding the restriction of live streaming access during the events of August 31, 2025, from the perspective of consumer protection law in Indonesia. This study employs a normative legal method using a statutory approach and a case-based approach, and is analyzed descriptively and qualitatively based on primary and secondary legal sources. The results of the study indicate that the standard clauses in TikTok’s Terms of Service tend to grant unilateral authority to the platform, particularly regarding service restrictions and limitations of liability. These clauses potentially conflict with the Consumer Protection Law, the principle of good faith under the Civil Code, and the obligations of electronic system operators to ensure service reliability. The incident of live streaming termination without adequate notice highlights a gap between applicable legal provisions and on-the-ground practices. The study’s conclusion reaffirms that digital platforms retain legal liability for policies that harm users, and standard clauses cannot be used to evade such obligations. This research is expected to strengthen consumer protection within the digital ecosystem.

The Role of Certified Electronic Signatures in Ensuring the Legal Certainty of Digital Contracts Following Amendments to the ITE Law Hani Rosdiana; Citraresmi Widoretno Putri
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.11.1.2026.97-106

Digital transformation has shifted conventional contracting practices toward electronic contracts, raising issues of legal certainty, particularly regarding identity verification and the validity of legal obligations. Although Indonesian law has recognized electronic documents as evidence, there remains a gap between classical civil law norms and digital evidence practices, especially following the 2024 amendment to the ITE Law, which has not yet been extensively examined from a technical-legal perspective. This study aims to analyze the transformation of the subjective requirements of a contract (consent and capacity) through digital identity mechanisms, evaluate the degree of legal certainty between certified and uncertified Electronic Signatures, and formulate a regulatory harmonization model between contract law and the operational standards of Electronic Certification Providers. The method used is normative legal research with a legislative and conceptual approach through a literature review. The results of the study indicate that certified electronic signatures are capable of strengthening the proof of agreement and verifying the identities of the parties more objectively through mechanisms of authentication, integrity, non-repudiation, and time validity, thereby increasing the degree of legal certainty compared to uncertified electronic signatures. However, this strength is not absolute as it remains dependent on the reliability of the system and does not replace substantive legal assessment of the parties’ capacity and free will. This study also produced an integrative and preventive regulatory harmonization model by positioning electronic certification as part of the validation mechanism in the formation of legal obligations. These findings contribute to the development of digital contract law by positioning certified electronic signatures as a crucial instrument in strengthening the evidence of compliance with the legal requirements of agreements in the digital era.

The First-to-File Principle and the Principle of Good Faith in Disputes Over Well-Known Trademarks for Non-Similar Goods (Case Study: Decision No. 2/Pdt.Sus-HKI/Merek/2023/PN Niaga MDN and Supreme Court Decision No.859K/Pdt.Sus-HKI/2024) Mohammad Akmal Taris Hakim; Suherman Suherman
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.11.1.2026.87-96

Legal protection for trademarks in Indonesia follows the “first to file” principle, which grants exclusive rights to the party that first registers the trademark. However, the application of this principle cannot be separated from the principle of good faith, which serves as a safeguard to ensure that trademark rights are not obtained through improper means, particularly in the protection of well-known trademarks. This study aims to analyze the legal framework regarding the "first to file" principle and the principle of good faith within the system for protecting well-known trademarks, as well as to analyze the judges’ considerations in the BARCO trademark dispute based on the Commercial Court Decision No. 2/Pdt.Sus-HKI/Merek/2023/PN Niaga Mdn and the Supreme Court Decision No. 859 K/ Pdt.Sus-HKI/2024. This study employs a normative legal method using a statutory approach, a case-based approach, and a conceptual approach. The data used consists of secondary data obtained through literature review and analyzed qualitatively. The results of the study indicate that provisions regarding the “first to file” principle, the principle of good faith, and protection for well-known trademarks are regulated in Law No. 20 of 2016 on Trademarks and Geographical Indications along with its implementing regulations. However, in practice, the application of the “first to file” principle remains more dominant compared to the principle of good faith and protection for well-known trademarks. Judges’ considerations place greater emphasis on the formalities of registration and the classification of goods than on brand reputation and the potential for consumer confusion, resulting in trademark protection that remains largely formalistic in nature.

Criminal Liability of Notaries for Failure to Identify Beneficial Ownership in Banking Transactions Anak Agung Linda Cantika; Ida Ayu Cintiya Kencana Dewi
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.11.1.2026.107-113

The increasing complexity of banking transactions and the growing misuse of legal entities for money laundering, terrorism financing, and other financial crimes have intensified the importance of identifying Beneficial Ownership within the banking sector. In Indonesia, notaries play a strategic role in the establishment of legal entities, authentication of legal documents, and facilitation of banking transactions. However, failures in identifying Beneficial Ownership may create legal consequences, particularly when such negligence contributes to unlawful financial activities. This study aims to analyze the criminal liability of notaries arising from the failure to identify Beneficial Ownership in banking transactions, as well as to examine the legal norms governing the obligations of notaries in implementing the principle of prudence and transparency. This research employs normative legal research using statutory, conceptual, and case approaches. The legal materials consist of primary legal materials including laws and regulations related to notarial duties, banking law, anti-money laundering law, and Beneficial Ownership regulations, as well as secondary legal materials derived from legal doctrines and scholarly literature. The results indicate that notaries may bear criminal liability when their failure to identify Beneficial Ownership fulfills the elements of criminal negligence or intentional participation in unlawful financial transactions. Furthermore, the existing legal framework regarding Beneficial Ownership obligations for notaries remains fragmented and lacks harmonization, leading to legal uncertainty in practice. Therefore, stronger regulatory frameworks and clearer legal standards are necessary to enhance legal certainty, accountability, and preventive measures against financial crimes in banking transactions.

Legal Certainty and Justice in Providing Pro Bono Services by Notaries for the Indigent Ni Putu Radha Pradina Putri; 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.11.1.2026.114-124

This study aims to examine the ambiguity of the norms in Article 37 of the Notary Law regarding the obligation to provide free notary services to people who are unable to pay, particularly regarding the criteria for recipients and the form and limitations of the legal services that must be provided. The research uses a normative legal research method with a regulatory approach, a conceptual approach, and an analytical approach, as well as a technique for collecting legal materials through the snowball method. The results of the study show that the provisions of Article 37 paragraph (1) of the UUJN still contain vague and ambiguous norms, which are further reinforced by the 2025 Notary Code of Ethics amendment that no longer explicitly regulates the provision of services without honorarium, thus causing inconsistency between ethical norms and positive law as well as the absence of operational implementing regulations. This condition causes inconsistent implementation of obligations and has the potential to cause legal uncertainty and injustice. Normatively, the form of free services includes legal consultation, counseling, and exemption from fees, while still taking into account administrative costs outside of notary services. Therefore, clear criteria for recipients, operational technical regulations, and synergy between professional organizations, government agencies, and other stakeholders are needed to realize the effective, fair, and sustainable implementation of free legal services.

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Home Page

OAI Link

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Reviewer

Google Scholar

Contact Name -

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Editorial Address -

Location Kota denpasar, Bali INDONESIA

Abstract

Abstract

Abstract

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Abstract

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Abstract

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota denpasar,

Bali

INDONESIA