Rethinking the Legal Authority of Notaries in Land Sale and Purchase Deeds toward Legal Certainty and Good Land Governance
Year: 2026
Type: article
Abstract: The legal authority of notaries in land sale and purchase deeds remains contested due to overlapping functions between notaries and Land Deed Officials (PPAT), which may create legal uncertainty and inconsistencies in land administration. This study aims to rethink the legal authority of notaries in preparing land sale and purchase deeds to strengthen legal certainty and promote good land governance in Indonesia. Employing a normative juridical approach, this study examines statutory regulations, legal doctrines, and relevant court decisions concerning notarial authority and land administration. The findings indicate that the existing regulatory framework generates institutional ambiguity that may weaken legal protection, increase the potential for disputes, and reduce administrative efficiency. The separation of authority between notaries and PPAT also limits the effectiveness of authentic deeds as instruments of legal assurance. In response, this study proposes a conceptual model based on institutional harmonization, strengthened legal accountability, and the integration of notarial functions within the principles of good land governance. The proposed model is intended to enhance legal certainty, strengthen public trust in land transactions, and support a more transparent, accountable, and efficient land administration system. As a normative and conceptual proposal, however, the model has not yet been empirically tested and therefore requires further empirical validation to assess its practical applicability and institutional effectiveness. The study contributes to the development of notarial law by offering a governance-oriented framework for rethinking the legal authority of notaries in Indonesia.
Source: Journal of Mujaddid Nusantara.
Institution: Universitas Islam Jakarta
Language: English
Topic: Legal Studies and Policies
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7214907323