Legal Analysis of the Difference in the Authority of Notaries and Land Deed Officials in Making Deeds Related to Land Affairs

Abstract

The issue of the authority of Notaries and Land Deed Making Officials (PPAT) in making deeds related to land still causes ambiguity due to differences in regulations. Article 15 paragraph (2) letter f of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries gives Notaries the authority to make deeds related to land, while the authority of PPAT is specifically regulated in Government Regulation Number 37 of 1998 as amended by Government Regulation Number 24 of 2016. This study aims to analyze the differences in the authority of Notaries and PPATs and formulate an ideal concept to realize legal certainty. The study uses normative legal methods with a statutory and analytical approach. The results of the study indicate that the authority of Notaries is general, while PPATs have special authority in making certain deeds in the land sector. Based on the principle of lex specialis derogat legi generali, the special authority of PPATs must take precedence over legal acts that fall under their authority. The ideal concept required is the harmonization and reformulation of regulations through the formation of a Law on the Position of PPAT which clearly and limitatively regulates the division of authority between Notaries and PPATs in order to prevent overlapping authority and to create legal certainty.