Roles and Responsibilities of Notaries in Making Deeds of Grant Agreements for Land That Have Not Been Certified

Abstract

In Dutch, a gift is called schenking, which is a unilateral act done by someone to someone by handing over their property free of charge through and based on a license agreement signed by and in the presence of a notary. A (unilateral) agreement, on the other hand, is a reciprocal (bilateral) agreement. With this unilateral agreement, the party who receives free goods must be able to accept and be willing to look after what the person has given them based on the gift agreement. This research aims to find out and analyze in depth the role and responsibilities of notaries in making deeds of grant agreements for uncertified land, to find out and analyze the legal prospects, highlight risks, and evaluate the impacts and legal implications, to find out and analyze examples of deeds of agreement. Land Grants that have not been certified. The research approach used in this thesis is a sociological juridical legal research method. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the 1945 Constitution; Notary Public Position Law; Code of Civil law; as well as secondary data containing books and other supporting documents. Collecting research data using interview techniques and studying documents or library materials. The data analysis method used in analyzing the data is interactive model qualitative analysis as proposed by Miles and Huberman. The results of the research and discussion show that: First, the role and responsibilities of notaries and officials who make land deeds have a very important role in helping to contribute to the clarity and validity of grant agreements, as well as protecting the interests and rights of the parties involved. Second, it is important to remember that although a deed of grant made by a notary provides written proof of the grant transaction, the condition of the land being uncertified can affect the registration process and several other aspects of land ownership.