KEWENANGAN NOTARIS TERHADAP SERTIFIKAT HAK ATAS TANAH YANG DISIMPAN AKIBAT ADANYA PERJANJIAN PENGIKATAN JUAL BELI (Studi di Kabupaten Lamongan)

Abstract

The practice of notaries storing land title certificates during the Sale and Purchase Bond Agreement (PPJB) in Indonesia creates legal uncertainty because it is not explicitly regulated in the regulations. This empirical research finds that the notary's authority to store certificates is a functional authority born from the agreement of the parties and the principle of freedom of contract, not a statutory provision. Notaries are obliged to carry it out with the principle of prudence, maintain security, confidentiality, and the interests of related parties in accordance with professional ethics, in order to create a fair PPJB process and provide maximum legal certainty. For this reason, it is recommended that the government, the Indonesian Notary Association, academics, and the public pay more attention to the procedures and legal protection related to this practice.

Keyword : PPJB, Notary Authority, Land Certificate, Storage.