The Notary Authority in Resolving Land Disputes with Deed of Peace

Anggun Kemala Putri, Yuslim Yuslim, Suharizal Suharizal

Abstract


Disputes that often occur are usually related to ownership of land, this is because of the important role of land in human life, so that land becomes an object that is prone to disputes or disputes between people, this occurs because human needs for land are increasing, but the land supply is relatively fixed. Notary  as a public official trusted by the community to resolve land disputes through a peace deed made by a notary to ensure legality. The method used is empirical juridical research. Research data were collected through field studies through interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus in this research is to find out and analyze the authority of a notary public in resolving land disputes with a deed of peace. The results showed that 1) Notary was authorized to make a peace deed to guarantee legal certainty for the parties to settle land disputes in accordance with article 15 Paragraph (2) letter f of the UUJN and 2) The peace deed drawn up by a Notary Public is an Authentic Deed but not final binding like a van dading deed decided from the results of mediation in court.


Keywords


Land Disputes; Peace Deed; Notary Public

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References


Books

Edi As’Adi, Civil Procedure Law in Mediation Perspective (ADR) in Indonesia, Graha Ilmu, Yogyakarta, 2000, Page 1.

Lutfi I Nasoetion, 2002, Land Conflict (Agaria) Towards Justice (Agrarian), Yayasan AKATIGA, Bandung, Page. 112.

Mochammad Tauhid, 2009, Agrarian Issues as Problems of Livelihoods and Prosperity of the Indonesian People, STPN Press, Yogyakarta, Page 3.

Salim, Contract Law: Theory and Compilation Technique, 8th print, Sinar Grafika, Jakarta, 2006, Page 92

Surya Perdana, Mediation Is One of the Methods of Settlement of Work Termination Disputes in Companies in North Sumatra, Medan, 2008, Page. 40.

Website

https://economy.okezone.com/read/2019/05/03/470/2051073/ada-8-959-sengketa-lahan-terbanyak-konflik-antar-masyarakat Accessed on 10 August 2019, at 14.10

https://www.hukum-hukum.com/2014/07/akta-perdamaian-acta-van-dading.html Accessed August 26, 2019

Interview

Interview with Notary M. Ishaq, on September 11, 2019 at 10.12 WIB




DOI: http://dx.doi.org/10.18415/ijmmu.v6i5.1095

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