Legal Protection of Notaries Related to Living Certificate of Binding Agreement

Abstract

A notary, as a public official, has given an authority to make sales and purchase agreement with freehold titles. However, it is not allowed for a notary to make land sale deed because the freehold titles stands to land deed official authority. In the notary code of ethics in Indonesia, there is no explicit and written statement whether the notary may accept the ownership of the parties or not. Some cases happened. There were several alleged cases and fraud committed by a notary during the process of sales and purchase agreement at a notary's office. In addition, one of two parties, who are committed to custody the certificate in notary’s office, changes his mind and reports to the authorities. In accordance to the reason above, the researcher concludes problems; 1. Why a certificate custody against the sale and purchase agreement (PPJB) to Notary (PPJB) could be happened? 2. What is the effect of custody a certificate against the sale and purchase agreement to notary? 3. What is the legal protection according to safekeeping an ownership certificate against the PPJB? This study is conducted through juridical empirical methods, it shows: 1.The safekeeping of a certificate by person to a notary is happened because those parties have a sales and purchase agreement before contract of sale is done.2.The legal consequences of custody of certificates in sales and purchase agreement (PPJB) are made in front of a Notary. Even though they are not tied directly but the parties have been convinced and entrusted before the entire process is completed from PPJB, AJB, or until the name is returned by the notary office. 3. To avoid such matters, the Notary does not conduct or domicile as a recipient for letters / documents from the appellants, both of which are confirmed in the deed or not.