Notary Responsibilities in Preparing Building Sale and Purchase Deeds on Uncertified Land

Abstract

This study aims to analyze the responsibilities of Notaries in the preparation of deeds of sale and purchase of buildings and the transfer of rights in transactions conducted on uncertified land and the obstacles encountered in notarial practice in Batam City. The research method used is a sociological juridical approach with analytical descriptive research specifications. Data were obtained through literature studies and interviews with Notaries who practice in the Riau Islands Province. The results of the study indicate that the responsibilities of Notaries are basically limited to the formal aspects of deed preparation, including checking the identity of the parties, legal capacity, authority to act, and the completeness of administrative documents used as the basis for making the deed. Notaries are not responsible for the material truth of the status of uncertified land as long as they have acted in accordance with the provisions of laws and regulations and based on documents provided by the parties. In practice, Notaries also have a preventive role through the application of the principle of prudence, providing legal explanations, and the inclusion of clauses explaining the status of the transaction object to minimize the potential for disputes in the future. The obstacles faced include internal obstacles in the form of limited documents and data verification, as well as external obstacles in the form of the characteristics of Batam City's land sector, data asymmetry between agencies, lengthy administrative processes, and low public understanding of the law. Therefore, increased coordination between agencies, improved land administration, and strengthening the principle of prudence in the implementation of the Notary's office are needed to ensure legal certainty and protection for all parties.