PERLINDUNGAN HUKUM NOTARIS YANG MENJADI TURUT TERGUGAT DALAM SENGKETA WANPRESTASI AKTA PERJANJIAN PENGIKATAN JUAL BELI HAK ATAS TANAH

Abstract

Legal protection for notaries who become defendants in default disputes related to the deed of binding sale and Purchase Agreement (PPJB) of land. Notaries, as public officials who are authorized to make authentic deeds, often face legal risks when the deeds they make are the object of dispute. This study raises two problems, namely how to resolve disputes in default of PPJB deeds where the Notary is the defendant? And how is the legal protection of notaries as defendants in the dispute of default of the deed of binding agreement for the sale and purchase of land?  by using the theory of legal protection according to Satjipto Rahardjo and Dispute Resolution Theory according to Dean G Pruitt. The method used in this study is normative juridical research, specifally a library law research or secondary data with primary, secondary and tertiary legal sources. As for the research approach used the approaches encompass legislative, case study, conceptual, and analytical methodologies. And the method of collecting the legal materials are carried out by identifying and taking an inventory of positive law, journals, and other legal sources. The method used in analyzing the legal materials Grammatical and Systematic interpretation. And legal contruction used method Analogy Construction and Argumentum A Contrario. The result of this study is that the settlement of PPJB deed default disputes with notaries co-defendants depends on the specific case and efforts to resolve through litigation and Non-litigation for disputes related to default is carried out with due diligence of the object of the agreement, the default clause, and involving trusted notaries and that legal protection for notaries as co-defendants in, so that the notary can carry out his duties without fear of unfounded accusations