The Legal Protection on Notary in Dispute of Land Sales & Purchase Disputes

Abstract

This study aims to determine and analyze legal protection for Notaries in land sales and purchase disputes in Bengkulu based on Decision Number: 29/Pdt.G/2018/PN.Bgl. The research method uses a normative juridical approach and the specifications used are descriptive analytical, data collection uses a literature study. This study also uses qualitative data analysis techniques. The results of the study indicate that legal protection for Notaries in land sales and purchase disputes in Bengkulu based on Decision Number: 29/Pdt.G/2018/PN.Bgl shows that legal protection for Notaries in land sales and purchase disputes can be realized based on Article 15 paragraph (1) and Article 16 paragraph (1) letter a UUJN-P. These two norms provide legal protection to notaries from the aspect of authority regarding the issuance of authentic deeds and how their positions must be carried out. On the other hand, due to the sale and purchase not proceeding as stated in Article 1457 of the Civil Code, the obligation for the Notary to return it to the Plaintiff must have a strong legal basis. A very adequate legal basis is through a court decision ordering the Notary to return it to the Plaintiff. Meanwhile, from the aspect of public services, the issuance of the Sale and Purchase Deed Number 75 for the purposes of the plaintiff and the defendant and not submitting the plaintiff's certificate carried out by the Notary is an act protected by law based on Public Service Law.