The Principle of Prudence for Notaries in Making Sale and Purchase Agreements for Rice Fields is Protected

Abstract

This study aims to analyze the application of the Notary's precautionary principle in making a Sale and Purchase Agreement Deed (PPJB) for land indicated as Protected Rice Fields (LSD) in Sidoarjo Regency, as well as analyzing the legal consequences of the deed and the Notary's responsibilities if this principle is not applied. This research uses an empirical legal approach with juridical-sociological specifications and qualitative case studies. Based on the research, it is concluded that the application of the precautionary principle is implemented through preventive measures that include identity verification, validation of land certificates, cross-checking of Regional Spatial Plans (RTRW) and LSD maps, cross-agency coordination, providing legal advice, and the formulation of specific protection clauses in the deed. Ignoring this precautionary principle results in defects in the objective requirements of the agreement, which triggers the degradation of the evidentiary power of the deed to the point of being null and void by law, while simultaneously giving rise to absolute liability for Notaries in civil, administrative, and professional ethics.