Notary Responsibility to Make Apartment Agreement According to Indonesian Legal System

Lara Putri Gina, Sukanda Husin, Azmi Fendri

Abstract


In making the deed of the Sale and Purchase Agreement, before the notary must ensure in advance about the requirements ordered by the Act as in Article 43 of the Flats Law, because a Notary in carrying out his authority as a general official is a perfect evidence maker of course must be responsible for the deed he made. The problem here is how to measure against 20% (twenty percent) of the construction, because considering the absence of provisions of construction 20% (twenty percent) are in the apartment or other regulatory provisions. This will certainly make it difficult for the notary to make a binding agreement on the sale and purchase of flats. In making the deed especially on the Binding Agreement for Sale and Purchase Agreement this Flats will be the responsibility of the Notary as the official maker of authentic deeds to pay attention to the provisions of the conditions ordered by the apartment project, so that the deed is made by the notary will not be found later. Based on the description above, the enactment of the apartment law will have an impact on the Notary as a general official who has the authority to make authentic deeds, and here the author wants to see the role of the notary in making a Flat Sale Purchase Agreement, in accordance with Article 43 of the House Law Arrange.


Keywords


Notary; Responsibilities; Apartment Agreement

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References


Adrian Sutedi, Laws of Flats and Apartments, Sinar Grafika, Jakarta, 2010.

Mukti Fajar and Yulianto achmad, Dualism of Normative and Empirical Law Research. Student Library, Yogyakarta, 2010.

R. Soeroso, Introduction to Legal Studies, PT. Sinar Grafika, Jakarta, 1993.

Soerjono Soekanto, Introduction to Legal Research, University of Indonesia, Jakarta, 2005.




DOI: http://dx.doi.org/10.18415/ijmmu.v6i6.1287

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