KEWENANGAN NOTARIS DALAM MEMBUAT AKTA TANAH BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 2004 TENTANG JABATAN NOTARIS

• Main Authors: , MASRUR AUF, SH, , Sigit Riyanto, SH., M.Si.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2012
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/98503/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=55313
• Institution: Universitas Gadjah Mada

The purpose of this study was to discuss the premises in making the Law No. 30 of 2004 on Notary Position in giving authority to the notary as equal as the authority of the Land Deed Officer (LDO). This study also discussed authority arrangements between LDO and Notary in making the deed of land in the future. Type of research conducted in this thesis is the normative juridical research. Data were sourced from primary legal materials, secondary legal materials, and tertiary legal materials. Data analysis was conducted qualitatively, and the results are presented descriptively. The results showed that the authority given to the notary in making a deed of land as stated in the Law No. 30 of 2004 on Notary Position section 15 subsection (2) letter f is an attempt to reduce the cost of the land deed. More over, since the Dutch colonial era, marked by the promulgation of regulations Notaries Position (Reglement op Het Notaris Ambt in Nederlands Indie) in 1860 which who make land deed is notary. Indonesia since the country adopted as a laws lex superior derogat legi inperior, rules and regulations per Act negates higher to lower, or lower must not conflict with a higher level. Thus, the article 15 paragraph (2) letter f absolute must apply to a notary in making any deed relating to land. This is because the Government Regulation No. 37 of 1998 must not conflict with the Law No. 30 of 2004 on Notary Position