The Reconstruction of Legal Protection for Notaries and Land Deed Officials for the Deeds They Make Based on the Values of Justice
Abstract
A Notary must act according to the Notary Law (UUJN) and Code of Ethics. When also serving as a PPAT, the Notary holds dual responsibility for creating authentic deeds, as mandated by Article 1868 of the Civil Code. This study aims to: 1) Analyze existing legal protection regulations for Notaries and PPATs that lack justice values; 2) Identify weaknesses in current regulations; and 3) Propose a reconstruction of legal protection for Notaries and PPATs based on principles of justice. The research’s method uses the Constructivism Paradigm, with the Normative Juridical and Empirical Juridical approaches, and the descriptive research type. The types and sources of data use secondary materials in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection method uses literature and qualitative analysis methods. The research’s results are: 1) Legal protection for Notaries and Land Deed Making Officials (PPAT) lacks a justice-based foundation, leading to unnecessary legal actions against them by law enforcers; 2) There are significant weaknesses in the legal substance, structure, and culture. Legal provisions for PPAT protection are absent in the PJPPAT and related regulations, despite PPAT’s vital role in land administration. Structurally, the 30-day examination limit for Notaries is impractical due to the diverse backgrounds and schedules of honorary council members. Culturally, stronger supervision by the Notary Supervisory Board (MPN), notary organizations, and society is needed; 3) The study proposes a reconstruction of legal protection regulations for Notaries and PPATs through normative and value reforms, aiming to ensure protection is grounded in justice. The reconstruction of legal protection norms for Notaries and PPATs is based on justice values, referring to Article 66 Paragraph 3 of Law No. 2/2014 and Article 1868 of the Civil Code.
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Copyright (c) 2025 Maria Astuti, Anis Mashdurohatun, Bambang Tri Bawono, Isnawati Isnawati
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