Legal Implications on the Transfer of Land Rights Due To Breach of Agreement Deeds Made Before a Notary Based on Land Registration Provisions

Abstract

And legal protection of authentic deeds that function as evidence. Authentic deeds are very essential in civil relations to prove legal acts and determine rights and obligations, including in the context of agreements or contracts. The case study focuses on Decision Number 408 / Pdt / 2023, which involves a shophouse construction and profit sharing agreement. The Plaintiffs made a Deed of Shophouse Construction and Profit Sharing Agreement Number 28 dated November 14, 2012 before Notary & PPAT Yeni Pujihartini,  S.H., M.Kn. (Defendant II), with Johan (Defendant I) as the developer. The legal problem that arose was the alleged negligence / violation of procedures by the Notary because the Plaintiffs were asked to sign a blank paper and then the contents of the Deed they received (the number of shophouses written as 4) were different from the initial agreement. Another main problem was the default by Defendant I who did not complete the construction and hand over the shophouses to the Plaintiff. This case highlights the significance of authentic deeds as strong evidence and simultaneously underscores the responsibility of Notaries to ensure the formal and material truth of the deed in accordance with the wishes of the parties and applicable regulations. The breach of contract lawsuit filed with the Sengeti District Court emphasizes the need for Notary integrity in carrying out their official duties to maintain the evidentiary value of the deed and provide maximum legal protection for the public. In an increasingly advanced era, the role of notaries is increasingly needed by the public who will undertake legal actions, one of which is in making agreements. This relates to the need for the availability of strong evidence, in the event of a future dispute between the parties. Therefore, in carrying out their official duties, Notaries in providing their services must comply with the provisions of laws and regulations.