Position of Land Disposal Deed Made Before a Notary

Al Halim Marsa Putra

Abstract


Land as a natural resource has high economic value as well as socio-political, defense and security value. Therefore, land development policy must be an inseparable part of national development policy. In the development of the implementation of Law Number 5 of 1960 (UUPA), land issues have become increasingly complex. The National Development Planned by the Government requires land in its activities. The government, in accelerating development in accordance with the mandate of the 1945 Constitution, to prosper the Indonesian community who need land, issued Law Number 2 of 2012 and as the national project progressed, government regulation No. 19 of 2021 was issued again. According to this Law, the release of land rights for development is through the National Land Agency. However, in reality, the deed of release of land rights is made before a Notary so that the strength of the proof is perfect. The aim of this research is to know and analyze the role of the Notary in making a Deed of Land Release for Land Acquisition in Asera Subdistrict, Asera District by the Southeast Sulawesi River Regional Office, Know and analyze the position Land Release Deed law. Based on research and discussion, it can be concluded that the role of a Notary in making a Land Disposal Deed is guided by Article 1320 of the Criminal Code regarding the conditions for the validity of an agreement, which is then realized in a Notarial Deed. In procuring land for flood defense embankments, the entire community uses a buying and selling mechanism. Where the form of compensation is in the form of money, the sale and purchase can be carried out before a Notary by making a deed of release of land rights. The status of the Deed, namely the Land Disposal Deed made by a Notary, is the ability of the deed itself to prove its validity as an authentic deed. In this way, the contents of the Notary's deed have certainty as being true and become valid evidence.
Keywords: Acquisition; Deed; Land; Release.

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References


Article 1 number 2 of Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest.

Felix Christian Adriano, (2015). “Judicial Analysis of the Decreasing Strength of Proof of Notarial Deeds according to UUJN No. 2 of 2014 concerning Notary Positions", in Law Journal, Vol. 9 of 2015, p. 7 – 8.url https://www.neliti.com/id/publications/14095/analysis-yuridis-atas-turunnya-powered-pemcepatan-akta-notaris-menrut-uujn-no Accessed August 15, 2023 at 20:05.

Habib Adjie. (2008). "Indonesian Notary Law, Thematic Interpretation of Law no. 30 of 2004 concerning the Position of Notaryâ€. Bandung: Refika Aditama.

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