Pertanggungjawaban Notaris Sebagai Penerima Titipan Sertipikat Hak Atas Tanah Milik Klien

Abstract

In practice Notary often receive a deposit of a land certificate, where that safekeeping is generally carried out in the case of parties who will implement a binding Sales and Purchase Agreement in order to protect the interests of each party, then it is deposited to the Notary for the binding agreement of sale and purchase deed. That safekeeping activity creates legal implications considering that there are no laws and regulations that give authority to Notaries to receive such safekeeping, so that the concerned Notary must be prepared to bear the magnitude of responsibility and risks that can occur to him in the future because he has carried out positions beyond the authority granted by Constitution. This study aims to determine the responsibility of Notaries as recipients of the deposit of land certificate in terms of the relevant legislation in force. The research method used is a normative juridical research method. The results of this study indicate that a Notary who receives safekeeping of a land certificate if proven to have committed a violation that harms other parties can be held to account in a civil, criminal or administrative manner in accordance with the relevant regulations and laws.