Tanggung Jawab Notaris sebagai Penyimpan Sertifikat Tanah dalam Pembuatan Akta PPJB (Studi di Kantor Notaris Kota Medan)

Abstract

A notary plays a crucial role in safeguarding the authenticity and security of land ownership certificates, particularly in the context of Sale and Purchase Binding Agreement (Perjanjian Pengikatan Jual Beli/PPJB), which require legal certainty for the parties involved. However, in practice, issues often arise due to negligence or errors by a notary in the safekeeping of certificates, which may lead to legal disputes and cause harm to the parties concerned. This study, therefore, examines three main problems: first, how the authority of notaries in the safekeeping of land ownership certificates is regulated in the process of drawing up PPJB; second, the legal consequences arising from errors by a notary in the safekeeping of such certificates during the PPJB process, particularly in notary offices in Medan; and finally, the forms of notary liability for errors in the safekeeping of land ownership certificates during the drawing up of PPJB, with a specific focus on notary practices in the City of Medan. The research method employed is normative legal research (juridical-normative), supported by field research through interviews with Notaries in Medan. Primary data were obtained from interviews, while secondary data consisted of primary, secondary, and tertiary legal materials. Data collection techniques included literature review, document analysis, and key informant interviews. The data were analyzed qualitatively using a deductive approach. The findings indicate that the authority of a Notary to store land title certificates in the PPJB process is not explicitly regulated in the Notary Office Law, but can be justified through voluntary safekeeping agreements under the Indonesian Civil Code. Errors in safekeeping may give rise to civil legal consequences in the form of claims for breach of contract or tort, and may even result in criminal and ethical sanctions in cases of negligence or intentional misconduct, with risks such as the loss of land ownership rights and the emergence of disputes. A Notary’s accountability extends to civil, criminal, and administrative aspects, thereby requiring the application of prudence, professional record management, as well as the strengthening of regulations and oversight to ensure legal certainty and adequate protection for all parties involved.