Legal Responsibility of Notaries for Abuse of Circumstances in Making Deeds of Land Sale and Purchase Agreements

Notaries play a critical role in ensuring agreements are made freely and without coercion, yet cases arise where one party exploits another’s vulnerable economic, social, or psychological state, leading to unfair clauses. This article aims to analyze the legal responsibility of notaries for the abuse of circumstances in the making of land Sale and Purchase Binding Agreement (PPJB) deeds. The issue focuses on the role of the notary when one of the parties to the agreement is in a desperate or unbalanced condition, which has the potential to be exploited unfairly by the other party. To approach this problem, the theories of legal responsibility and defect of will are referenced. Data were collected through literature studies, laws and regulations, court decisions, and interviews with notaries, then analyzed qualitatively using a normative juridical approach. This study concludes that notaries are responsible not only administratively but also substantively in ensuring the free will of the parties. If proven negligent and there is an abuse of the situation, the notary can be held legally liable in civil terms or subject to ethical sanctions. Additionally, PPJB deeds made under unbalanced conditions can be annulled by the court on the basis of defect of will. This research emphasizes the importance of increasing notary sensitivity and professionalism to prevent abusive practices in the making of deeds.

Authors

Institutions

Publication Details

Journal
Jurnal Indonesia Sosial Sains
Published
2025-08-11
DOI
https://doi.org/10.59141/jiss.v6i8.1835
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Legal Responsibility of Notaries for Abuse of Circumstances in Making Deeds of Land Sale and Purchase Agreements

Montayana Meher, Dody Alfarizyi
Jurnal Indonesia Sosial Sains
Indonesian Legal and Regulatory Studies
article

Legal Responsibility of Notaries for Abuse of Circumstances in Making Deeds of Land Sale and Purchase Agreements

Montayana Meher, Dody Alfarizyi
article en

Abstract

Notaries play a critical role in ensuring agreements are made freely and without coercion, yet cases arise where one party exploits another’s vulnerable economic, social, or psychological state, leading to unfair clauses. This article aims to analyze the legal responsibility of notaries for the abuse of circumstances in the making of land Sale and Purchase Binding Agreement (PPJB) deeds. The issue focuses on the role of the notary when one of the parties to the agreement is in a desperate or unbalanced condition, which has the potential to be exploited unfairly by the other party. To approach this problem, the theories of legal responsibility and defect of will are referenced. Data were collected through literature studies, laws and regulations, court decisions, and interviews with notaries, then analyzed qualitatively using a normative juridical approach. This study concludes that notaries are responsible not only administratively but also substantively in ensuring the free will of the parties. If proven negligent and there is an abuse of the situation, the notary can be held legally liable in civil terms or subject to ethical sanctions. Additionally, PPJB deeds made under unbalanced conditions can be annulled by the court on the basis of defect of will. This research emphasizes the importance of increasing notary sensitivity and professionalism to prevent abusive practices in the making of deeds.

Jurnal Indonesia Sosial SainsVol. 6(8)
Medan Area University (ID)
Openalex Percentile: Top 74%
Indonesian Legal and Regulatory Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.