Legal Counseling by a Notary as a Means to Produce a Balanced Agreement

Abstract

The Law on Notary Position authorizes Notaries to provide legal advice to parties related to deeds. Through this legal counselling, it is hoped that conflicts can be avoided in the future. This study analyzes the benefits of legal counselling provided by a notary. The research method used is normative legal research using a statutory approach and a conceptual approach. The results show that the notary public has the authority to provide legal counselling to parties related to deed making, especially those related to agreements. The role of the notary, in this case, is to provide counselling so that the agreement made by the parties is balanced and the parties understand their respective rights and obligations.

Supervision of Subdistrict Heads as Temporary Deed Making Officials in the Indonesian Positive Law Perspective

“…BPN Number 2 of 2018 also aims to create PPATS that are professional, have integrity and carry out PPAT positions in accordance with the provisions of laws and regulations and the code of ethics. In this case, what is meant by PPAT includes PPAT, PPATS, Substitute PPAT, and PPATK (Oktavia et al, 2023;Utomo, 2022). In carrying out the functions and responsibilities of the sub-district head as PPATS, which is a public official, it is not uncommon for PPATS to deal with legal processes.…”

Exploring Contemporary Issues and Key Takeaways: A Comparative Analysis of Civil-Law Notary Laws in Indonesia and Louisiana

“…In accordance with the duties of a notary as a maker of deeds or legal documents for the benefit of his client, a notary should also be able to provide an in-depth understanding to his client regarding the deed or legal document that he will make and execute before the notary (R. N. Putri & Adjie, 2020). The duty of a notary as a legal advisor as in Indonesia can be an example for notaries in other countries, especially non-lawyer notaries in Louisiana, so that notaries are able to direct and pave the way for their clients in understanding the legal documents to be made, so that they will be free from circumstances that can result in unlawful acts (Utomo, 2022). This is because as ordinary people who do not understand matters relating to the law of a document, the community must get advice that should be done so that it does not conflict with existing laws, if the community acts on its own accord, and the nonlawyer notary immediately approves the matter submitted to them without any consideration in the document, it will become a threat to the state with community documents that lack the attention of notaries who have been given trust for the state and society.…”