| Summary: | This research is about the notary public's authority in the case make deed
relating to land under Article 15 paragraph (2) letter f of Act No. 30 in 2004, it have
purpose to know the notary public's authority of land in making deed of right transfers
of land and the deed granting a liability right, position of the deed of notary public
especially in the case of registration of right of land and why does the Land Office
refuse registration of rights on the land that its deed was created by the notary public.
This research is normative legal research, legal materials of this research
includes primary, secondary and tertiary legal material. Primary legal materials was
obtained from legislation and decisions of judges, secondary legal materials was
obtained from the literatures and various other writings and tertiary legal materials was
obtained from dictionaries and encyclopedias.
The result shows that :
1. The authorities of Notary Public by applied UUJN particularly Article 15
Paragraph (2) letter f hence in addition to PPAT, the Notary public also have
authorize to make the deed of right transfer of land and property right on unit of
the Flats, the deed of imposition of liability right, and deed of power to impose
liability rights.
2. Type of deed that intended in article 15 paragraph (2) letter f of UUJN that it is
the notary public's authority are deed-transfer of rights of land and property right
on unit of the Flats, the deed of imposition of liability rights, and deed of power to
impose liability rights.
3. Reasons rejection from the Land Office for registration of rights on the land that
the deed was made by the notary public, that are as follows :
a. The Land Office is only as implementers of land registration. From various
provisions that sourced from UUPA, all provisions about making the deed as
the basis for registration of land rights can only be made by PPAT, auction
officials, and the deed maker of wakaf pledge.
b. Land Office said that, Article 15 Paragraph (2) letter f of UUJN, can not be
implemented, because will need further implementation regulations.
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