Legal Literacy - This article discusses the vital role of notaries in land management in Indonesia, focusing on the creation of authentic deeds and interaction with Land Deed Officials (PPAT). It also explains the differences in their authority in making deeds, as well as the conditions and procedures regulated in the legislation, offering in-depth insights into legal harmony and the need for effective dispute resolution.

Introduction

Notaries have an important role in the Indonesian legal system, especially in the creation of authentic deeds that have perfect evidentiary power. One area that often involves notarial services is land affairs. Law Number 2 of 2014 concerning Amendments to the Law onLaw Number 30 of 2004 concerning Notary Positions (UUJN) generally regulates the authority of notaries. Article 15 paragraph (1) of the UUJN states that notaries are authorized to make authentic deeds regarding all actions, agreements, and stipulations required by laws and regulations and/or desired by those concerned to be stated in an authentic deed.

On the other hand, land affairs in Indonesia are also specifically regulated in Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA) and various implementing regulations. One of the officials who has special authority in land affairs is the Land Deed Official (PPAT) which is regulated in Government Regulation Number 24 of 2016 concerning Amendments to Government Regulation Number 37 of 1998 concerning Regulations on the Position of Land Deed Officials. The existence of two positions that have authority related to the making of deeds in the land sector often raises questions about the limits of each other's authority.

Notaries, with their broad authority based on the UUJN, can make various types of deeds including those related to land. However, PPAT has special authority to make certain deeds related to the transfer of land rights and land registration.

In practice, there are several types of deeds related to land that can be made by a notary, such as a land sale and purchase agreement deed, a land sale power of attorney deed, a mortgage deed, and a deed of division of joint rights to land. These deeds, although related to land, are not included in the special authority of PPAT and can be made by a notary as an authentic deed. However, for certain deeds such as land sale and purchase deeds, land grant deeds, and deeds of granting building use rights/rights to use land on ownership rights, the authority to make them lies with the PPAT. Notaries who also serve as PPAT can make these deeds, but in their capacity as PPAT, not as notaries.