UPAYA PENCEGAHAN TINDAKAN KELALAIAN OLEH NOTARIS DALAM PEMBUATAN AKTA KUASA JUAL BERDASARKAN UNDANG-UNDANG JABATAN NOTARIS

Abstract

This research aims to identify and elaborate on the forms of preventive efforts to avoid notary negligence in drafting deeds of power of attorney to sell based on Law Number 2 of 2014 concerning the Position of a Notary. As a neutral public official, a notary plays a crucial role in ensuring legal certainty, especially in civil transactions such as the transfer of land rights. The deed of power of attorney to sell, as one of the notary's products, has potential legal risks if drafted without due diligence. This research uses a normative juridical method with conceptual and statutory approaches to analyze written legal materials. The results show that preventive efforts to avoid notary negligence in drafting deeds of power of attorney to sell include a series of systematic and integrated actions. These actions include digital identification of the parties, meticulous verification of subject and object data, providing adequate time for drafting the deed, maintaining accuracy and thoroughness at every stage, and fulfilling all formal and material requirements according to legal provisions. The application of this principle of due diligence is a concrete manifestation of the professional ethics of a notary mandated by the Law on the Position of a Notary, thus ensuring that the deeds created are valid, accurate, and have perfect legal force to protect the rights of the parties and avoid disputes.