RECONSTRUCTING INDONESIA’S NOTARY LAW TO REALIZE A BALANCED RIGHTS–DUTIES FRAMEWORK AND STRENGTHEN THE NOTARY’S CORE AUTHORITY OVER AUTHENTIC DEEDS

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Authors: Okto Berlin Gultom, Budiman Ginting, Muhammad Yamin Lubis, Tengku Keizerina Devi Azwar
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Abstract

This article presents a normative and reform-oriented argument for revising Indonesia's Notary Office Law (Undang-Undang Jabatan Notaris/UUJN) to establish a "balanced-value basis" between notaries' rights and obligations, while enhancing the notary's primary authority to produce authentic deeds. Building on doctrinal analysis and the dissertation's conceptual critique, the study shows that the current framework tends to maximize legal certainty for service users but leaves notaries exposed to asymmetrical burdens (administrative, civil, ethical, and potentially criminal risks) without a commensurate guarantee of justice and utility. The article proposes a legislative reconstruction agenda consisting of targeted amendments: first, recalibrating clauses that enable the transfer/exclusion of authentic-deed authority to other officials; second, harmonizing sectoral regulations that fragment notarial authority; and third, strengthening protections, funding, and institutional design for notarial supervision. The reform is grounded in constitutional commitments and a legal-philosophical priority for justice, particularly when rigid legality results in disproportionate harm. The article contributes a structured legislative roadmap to improve legal coherence, professional accountability, and public trust in authentic instruments.

Fields of Study & Subjects

Indonesian Legal and Regulatory Studies Legal and Policy Analysis in Indonesia Legal Studies and Policies

Publication details

Journal / source
Veredas do Direito Direito Ambiental e Desenvolvimento Sustentável
Volume
23
Issue
4
Pages
e234515–e234515
Publication date
3 February 2026