KEABSAHAN AKTA SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN OLEH NOTARIS YANG MENGIKUTI FORMAT TULISAN AKTA PEJABAT PEMBUAT AKTA TANAH

Abstract

The public’s need for authentic deeds as legal instruments that ensure certainty and legal protection has encouraged Notaries to adjust their deed-drafting practices in line with regulatory developments, including the tendency to use deed formats that resemble those of Land Deed Officials (PPAT). This trend has the potential to affect the validity of deeds and lead to disputes. This study employs a normative legal research method by examining primary and secondary legal materials. The findings indicate that the structure of Notarial deeds is explicitly regulated under Article 38 of the Notary Office Law (UUJN) and must comply with formal requirements as a condition of authenticity. Meanwhile, the validity of a Power of Attorney to Encumber Mortgage (SKMHT) drafted using a PPAT-style format depends on adherence to the formal and substantive provisions established by the Mortgage Law (UUHT) and the UUJN. Although the writing format is not specifically regulated, Notaries are obligated to uphold principles of clarity, proper drafting ethics, compliance with legal norms, and professionalism to ensure that the deed remains valid and does not become degraded. This study underscores the importance of maintaining consistency in deed formats with regulatory requirements to avoid errors that may impact the validity of documents and the legal protection of the parties involved.

Keywords: Notary, Authentic Deed, Legality