This difference in authority has important implications in land law practice. A deed made by a notary has perfect evidentiary power as an authentic deed, while a PPAT deed has a special function in the land registration process at the Land Office. Therefore, a clear understanding of the limits of this authority is very important for legal practitioners, especially notaries and PPAT. In addition, legal developments and increasingly complex community needs also pose new challenges in determining the authority of notaries related to land deeds, for example, in cases of making deeds related to rights to apartment units or deeds involving unregistered land, often requiring further legal interpretation to determine whether it falls within the authority of a notary or PPAT.

Given the importance of legal certainty in land affairs, it is necessary to harmonize the laws and regulations governing the authority of notaries and PPAT. This will help avoid overlapping authorities and provide clarity for the public in using legal services related to land affairs. Thus, the role of notaries in making deeds related to land can be optimized without neglecting the special authority possessed by PPAT.

Authority of Notaries in Making Land Deeds

A notary is a public official authorized to make authentic deeds and has other authorities as regulated in the Notary Position Law (UUJN). In general, the authority of a Notary is regulated in the Notary Position Law (UUJN), which gives Notaries broad authority to make authentic deeds regarding all actions, agreements, and stipulations required by laws and regulations or desired by those concerned. In the context of land, the authority of a Notary often intersects with the authority of a Land Deed Official (PPAT). PPAT has special authority to make certain deeds related to the transfer of land rights and land registration. Nevertheless, Notaries still have an important role in various transactions related to land.

Notaries are authorized to make land sale and purchase agreement deeds, which are preliminary agreements before the making of a sale and purchase deed by PPAT. This deed is very important, especially when the conditions for carrying out a land sale and purchase have not been met, such as the payment not being fully paid or the land certificate not yet being issued. In addition, Notaries are also authorized to make land sale power of attorney deeds. This deed gives power to someone to take legal action on a plot of land on behalf of the grantor of power. Although it is not a deed of transfer of land rights, a land sale power of attorney deed has an important role in various property transactions.