The Role of Notaries in Resolution of Disputes Over Land Sales and Purchase Agreements (PPJB) Through Mediation

Abstract

Land Sale and Purchase Agreements (PPJB) frequently lead to disputes between the parties because of an imbalance in rights and obligations, unclear land ownership status, and breaches of contractual obligations. The legal issues arising from these disputes concern the notary's role as a public official authorized to prepare authentic deeds, particularly when those deeds later become the subject of legal disputes. Accordingly, this study aims to evaluate the effectiveness of the notary's role in resolving PPJB disputes and to identify the legal principles that form the basis of the notary's authority in mediation. This research employs a normative juridical method using both statutory and conceptual approaches. The statutory approach examines the legal provisions governing the role and authority of notaries, while the conceptual approach draws on literature reviews and legal doctrine to provide a comprehensive understanding of the notary's position in mediating PPJB-related disputes. The findings reveal that notaries perform a strategic function not only as officials responsible for drafting authentic deeds but also as mediators in resolving disputes arising from Land Sale and Purchase Agreements (PPJB). Their mediation role contributes to strengthening the principles of legal certainty, utility, and justice. Nevertheless, the effectiveness of this role remains constrained because existing regulations do not expressly recognize mediation as a principal authority of notaries. Therefore, legal regulations should be strengthened to provide stronger legitimacy for the notary's mediation function in settling civil disputes.