The notary's moral responsibility to provide legal counseling to the parties in making the sale and purchase deed
Keywords:
Authority, Legal counseling, Buying, SellingAbstract
Notary is a general official who is authorized to make authentic deeds and has other authorities. Notary authority in providing legal counseling based on the law of the notary position, a notary must educate the public or the parties and be morally responsible to the parties in making the sale and purchase deed, which will make the deed before the notary regarding rights and obligations. According to the applicable provisions, the sale and purchase of land rights must be carried out before the PPAT, but in everyday life it turns out that there are still many transfers of land rights carried out under the hands in the sense that they are not carried out in accordance with applicable regulations, this will certainly be very detrimental to the buyer, because he can only control the right to land physically, legally ownership of the land is fixed with the seller. This research uses a normative juridical approach method, The data used are secondary data, Data analysis used normative analysis, The purpose of this study is to determine the moral responsibility of notaries in providing legal counseling to the parties. As well as legal consequences for notaries who do not provide legal counseling to the parties in making the sale and purchase deed. The results of this study show that the sale and purchase of land carried out by a receipt is legal as long as the material conditions are met. Efforts can be made to buy and sell land with a receipt by filing a lawsuit with the chairman of the competent local district court.
Downloads
References
Socha Tcefortin Indera Sakti and Ambar Budhisulistyawati, "Legal Protection for Parties to a Land Sale and Purchase Agreement Letter C Under Hand", Journal of Private Law, 8.1 (2020), 144 https://doi.org/10.20961/privat.v8i1.40388
Susanti fitri. "The Practice of Binding Agreement for Sale and Purchase of Land Rights Based on Notarial Deed in East Jakarta" Volume 49, pp 69-7, p. 19.
Anestyah Kusumah, 'The Role of Notaries in Financing Agreements Based on the Principle of Ijarah Muntahiyah Bittamlik (IMBT) in the Perspective of Islamic Law and Leasing Institutions in the Perspective of Civil Law', 2020.
http://repository.narotama.ac.id/1148/4/Bab%20I.pdf.
https://www.hukumonline.com/klinik/a/mengenal-profesi-notaris-dan-kode-etiknya-lt632d70d53e11f/
Journal of Law Rules and Brahma Putra Perkasa, "Urnal Law, Rules, Communication Media and Information, Law and Society, the Role and Responsibility of Notaries in Providing Legal Counseling to Parties in the City of Pekanbaru" by, 2021.
Anestyah Kusumah, "The Role of Notaries in Financing Agreements Based on the Principle of Ijarah Muntahiyah Bittamlik (IMBT) in the Perspective of Islamic Law and Leasing Institutions in the Perspective of Civil Law", 2020.
As'ad Really, 25 "Professional Ethics", (Jakarta: Sinar Grafika, 2004), pp. 43-44.
Aulia Gumilang Rosadi, "Notary's Responsibility in the Parties' Dispute Related to the Deed of Sale and Purchase Binding Agreement (PPJB) Made by Him", JCH (Journal of Legal Scholars), 5.2 (2020), 243 <https://doi.org/10.33760/jch.v5i2.228>.
B.Mighty Son. "The Role and Responsibility of Notaries in Providing Legal Counseling to Parties in the City of Pekanbaru" Journal of Legal Rules, pp 224-235 (2021).
Habib Adjie, "Cancellation and Cancellation of Notary Deed, Refika Aditama", Surabaya, 2010, p. 19.
Vivien Pomantow, "Legal Effects on Formil Defective Authentic Characters under Article 1869 of the Civil Code", Lex Privatum, Vol.VI.No.7 (2018), pp.90-98.
Tan Thong Kie, "Serba Serbi Practice Notary", (Jakarta: Ichtiar Baru, 2001), p. 30
B.Mighty Son. "The Role and Responsibility of Notaries in Providing Legal Counseling to Parties in the City of Pekanbaru" Journal of Legal Rules, pp. 224-235 (2021).
http://myrizal-76.blogspot.co.id/2011/08/peran-ppat-dalam-peralihan-hak-atas.html.
Government Regulation Number 24 of 1997 concerning Land Registration, Article 37 and Article 38,
Government Regulation Number 24 of 1997 concerning Land Registration, Article 37 and Article 39
Law of the Republic of Indonesia No. 5 of 1960 concerning Basic Regulations on Agrarian Principles, Article 26 paragraph (2) of the UUPA.
http://karyailmiah.tarumanagara.ac.id/index.php/FH/article/view/5877
Constitution of the Republic of Indonesia of 1945
Law Number 30 of 2004 concerning Notary Position
Law No.2 of 2014 concerning Amendments to Law No.30 of 2004 concerning Notary Position
Law Number 5 of 1960, concerning Basic Regulations on Agrarian Principles. Government Regulation Number 24 of 1997, concerning Land Registration
Law Number 3 of 2009 concerning Amendments to Law Number 5 of 2004 concerning the Supreme Court.
Law Number 16 of 2004 concerning Amendments to Law Number 5 of 1991 concerning the Attorney General of the Republic of Indonesia.
Law Number 30 of 2014 concerning Government Administration.
Law Number 7 of 2020 concerning Amendments to Law Number 24 of 2003 concerning the Constitutional Court.
Civil Code (Burgelijk Wetboek, Staatsblad 1847 No. 23).
Government Regulation Number 37 of 1998, concerning the Regulation of Land Deed Making Officials (PPAT)