Dampak Ketidakcermatan Notaris dalam Membuat Akta Perjanjian Sewa Menyewa Terkait Jangka Waktu Sewa Menyewa yang Melampaui Jangka Waktu pada Perjanjian Hak Pengelolaan (Ditinjau dari Undang Undang Jabatan Notaris)

Abstract

A notary is authorized to draw up an authentic deed for any act or agreement required or desired by the parties. A lease agreement is an agreement between two parties in which one party grants the enjoyment of an item to the other party for a specified period in exchange for payment agreed by the lessee. The research questions are: What are the legal provisions regarding lease agreements drawn up in the form of an authentic deed by a notary based on applicable laws and regulations in Indonesia. What are the obligations and responsibilities of a notary in applying legal provisions to the creation of lease agreements according to the UUJN. What are the legal implications of notary negligence in drawing up lease agreements that stipulate a term exceeding the validity period of the management rights. This research uses normative legal research with a descriptive and analytical approach. The data sources for this research are secondary and primary data, collected through literature and analyzed qualitatively. The results of the study indicate that the legal provisions regarding lease agreements made in the form of authentic deeds by notaries based on the applicable laws and regulations in Indonesia are stated in the Civil Code, specifically Article 1320 and Article 1548 to Article 1600, as well as Law No. 2 of 2014 concerning the Position of Notaries. The obligations and responsibilities of notaries in implementing legal provisions in the preparation of lease agreement deeds according to the UUJN include the obligation to ensure the fulfillment of the legal requirements of the agreement and the legality of the object of the agreement, upholding their position and authority as independent public officials. The legal impact of notary negligence in preparing lease agreement deeds that stipulate a period exceeding the validity period of management rights is very significant for the validity of the deed, legal certainty and protection of the rights of the parties. Therefore, the researcher recommends strengthening the principle of notarial prudence through strict verification of land documents, improving guidelines and supervision by the Supervisory Board, and developing further empirical research to improve notarial regulations and practices.