Vol.4, No.07, July 2023
E-ISSN: 2723-6692
P-ISSN: 2723-6595
http://jiss.publikasiindonesia.id/
Journal of Indonesian Social Science, Vol. 4, No. 07, July 2023 601
Analysis of the Role of Notaries in Consumer Protection in
Property Transactions
Sanny Estera
1
, Benny Djaja
2
1,2
Universitas Tarumanagara
Email: [email protected]
ARTICLE INFO
ABSTRACT
Keywords: Notary, Protection,
Consumer, Property.
Property transactions are one of the most complex and high-risk
transactions for consumers. In property transactions, notaries have
an important role in ensuring the validity and protection of
consumer rights. However, there have not been many studies that
specifically discuss the role of notaries in consumer protection in the
context of property transactions. The purpose of this study is to
analyze the role of notaries in consumer protection in property
transactions. This research utilizes qualitative research methods.
Data was collected through in-depth interviews with notaries, and
literature study analysis. The data obtained from interviews and
literature studies are analyzed qualitatively. Data analysis will
involve the process of coding, grouping findings, and discovering
themes that emerge from the data. The results show that the
notary's role as an independent and neutral party responsible for
checking and confirming the legality of property documents,
facilitating secure payments, and providing legal advice to
consumers is very important in safeguarding consumer interests
and protection.
Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)
1. Introduction
Property transactions are complex transactions and carry high risks for consumers. This is
due to various factors, such as the large transaction value, the complexity of property law, and
the various parties involved in the transaction. Large property transaction values make
consumers vulnerable to significant financial losses if errors or violations occur in the
transaction process. In addition, the complexity of property law involving complex rules,
regulations and agreements can also make it difficult for consumers to understand and protect
their rights (Adrian Sutedi, 2023). In addition, property transactions also involve various parties,
such as sellers, buyers, property agents and financial institutions (Mubarak, 2022). The
involvement of multiple parties can complicate the transaction process and increase the risk of
conflict of interest or violation of law.
The complexity and risks associated with property transactions, consumer protection is very
important. Notaries have a key role in protecting consumers in property transactions. Notary is
e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595
Journal of Indonesian Social Science, Vol. 4, No. 07, July 2023 602
a legal professional who has the authority and responsibility to secure property transactions to
comply with applicable legal provisions and protect the interests of all parties involved (Shidqi
Noer Salsa & Kn, 2020). Property transactions without a notary can provide several risks for
consumers. Some of these risks include:
1. Legal Uncertainty
Without the presence of a notary, the possibility of legal uncertainty in property transactions
is higher. Notaries have in-depth knowledge and understanding of property law and can ensure
that all documents and transaction procedures comply with applicable legal provisions. Without
a notary, consumers may not have adequate legal protection and are vulnerable to potential
future legal disputes.
2. Errors in Documents
Property transactions involve various legal documents, such as deed of sale and purchase,
letters of ownership, and other agreements. Notaries play an important role in ensuring that
these documents are properly prepared and comply with legal requirements. Without a notary
public, there is a higher risk of errors in writing or interpreting documents, which can have a
negative impact on the rights and interests of consumers.
3. Imbalanced Interests
In property transactions, there are different interests between the seller and the buyer. The
notary acts as a neutral party protecting the interests of both parties. Without a notary, the risk
of an imbalance of interests may increase, leaving consumers more vulnerable to harmful
practices such as fraud or fraud.
4. Protection Against Third Party Warranties and Rights
The notary has a role in verifying the existence of guarantees and third party rights related
to the property to be bought or sold. Without a notary, the risk of unavailability or incorrectness
regarding guarantees or third party rights increases, which can have a negative impact on
consumers and property transactions as a whole.
5. Incomplete Transaction Execution
The notary ensures that all property transaction procedures are carried out completely and
in accordance with legal provisions. Without a notary, there may be risks of incomplete execution
or missing certain procedures, which may negatively impact the validity and legitimacy of
property transactions.
Notaries in property transactions provide important legal protection and certainty for
consumers. Notaries help minimize risk and protect consumer rights, and ensure that property
transactions run smoothly and comply with legal provisions (Ginting & Yunita, 2021). Even though
the notary is regarded as a safeguard for property transactions, there has not been much
research specifically discussing the role of a notary in consumer protection in the context of
property transactions. Existing research tends to focus more on legal and regulatory aspects
related to property transactions in general, without considering the role of a notary in particular.
Based on this background description, the researcher is interested in conducting research with
the title "Analysis of the Role of Notaries in Consumer Protection in Property Transactions"
2. Materials and Methods
This study used qualitative research methods. Qualitative research is a research approach
that aims to understand phenomena in depth and comprehensively through data analysis that
focuses on context, meaning, and interpretation. Qualitative research tends to collect data in non-
numeric form, such as text, images, sound, or video, and uses inductive analytical methods to
produce a deeper understanding of the research subject (Fadli, 2021).
Data were collected through two main methods, namely in-depth interviews with notaries
e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595
Journal of Indonesian Social Science, Vol. 4, No. 07, July 2023 603
and analysis of literature studies. In-depth interviews were conducted with notaries experienced
in property transactions, with the aim of obtaining an in-depth understanding of their role in
consumer protection. Interviews were conducted by asking questions regarding the
responsibilities of a notary, the procedures performed, the constraints faced, and their role in
protecting consumers. In addition to interviews, analysis of literature studies was also carried
out to collect information from theoretical and research sources regarding the role of notaries in
consumer protection in property transactions. Literature study is carried out by searching and
studying relevant literature, journals, books, regulations and other documentation.
Data obtained from interviews and literature studies were then analyzed qualitatively. Data
analysis involves a coding process, i.e. identifying and labeling the relevant data units.
Furthermore, the findings that emerge from the data are categorized and grouped according to
emergent themes. This process involves identifying patterns, similarities, differences, and
relationships between the data obtained. During the analysis, the researcher also looked for
confirmations or discrepancies between the interview data and the literature found
3. Results and Discussions
The notary has the responsibility to examine documents related to property transactions.
This includes checking the authenticity of documents such as land ownership certificates, deed
of sale and purchase, agreement letters, and other related documents. Through this inspection,
the notary can ensure that the documents used in the transaction meet legal requirements. In
addition, the important task of a notary is to verify the ownership of the property to be traded.
The notary will check the land certificate and other documents proving legal ownership of the
property. This is important to avoid property transactions carried out by unauthorized parties.
After examining documents and verifying property ownership, the notary will issue a valid
official deed as proof of a property transaction. The deed includes all relevant information
regarding the transaction, including the identity of the parties involved, description of the
property, selling price, terms of the transaction, and so on. The deed has binding legal force and
is a strong basis for property transactions (Winoto, 2023). By carrying out document checks,
verifying property ownership, and issuing valid official deeds, the notary ensures that property
transactions are carried out lawfully, in accordance with applicable legal provisions, and protect
the interests of all parties involved. The role of this notary is to provide legal certainty to the
parties in property transactions and prevent disputes from occurring in the future. Notaries have
a very important role in protecting consumer rights in property transactions. Here are some
ways notaries protect consumer rights:
1. Providing Access to Accurate Information
Notaries are responsible for providing accurate and complete information to consumers
regarding property transactions. This includes an explanation of consumer rights and
obligations, risks associated with transactions, as well as legal rights held by consumers. By
providing access to accurate information, notaries assist consumers in making the right and
informed decisions.
2. Protect Against Fraudulent or Harmful Practices
The notary checks documents and verifies property ownership to ensure that transactions
do not involve fraud or practices that are detrimental to consumers. Notaries also play a role in
ensuring the legitimacy and legality of transactions and avoiding errors or deficiencies in
documents that can harm consumers.
3. Ensuring Clear and Transparent Consent
The notary ensures that there is a clear and transparent agreement between the two parties
in a property transaction. The notary explains in detail the rights and obligations of each party
e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595
Journal of Indonesian Social Science, Vol. 4, No. 07, July 2023 604
and the conditions associated with the transaction. This helps consumers to clearly understand
the consequences of the transaction to be made and ensures that the agreement is based on a
common understanding between the two parties.
By performing this role, a notary helps protect consumer rights in property transactions.
The notary functions as an independent and neutral party that works for the interests of both
parties, so that consumers can feel safe and protected when conducting property transactions.
The competence and integrity of a notary is a key factor in protecting consumer rights. A
notary who has sufficient knowledge and skills in the field of property law can ensure that the
transaction process is carried out correctly and in accordance with applicable regulations. In
addition, the high integrity of a notary also ensures that a notary carries out his duties in a
professional and fair manner, without taking sides with any of the parties involved in the
transaction (HS & SH, 2022).
Effective supervision and regulation of the notary profession is essential to ensure that
notaries carry out their duties to a high standard and comply with applicable legal requirements.
The existence of strict supervision and clear rules can encourage notaries to act professionally
and responsibly towards consumers. In addition, effective supervision and regulation also
provide protection for consumers in terms of resolving disputes or complaints against notaries.
Consumer awareness about the importance of involving a notary in property transactions
also has a significant impact. When consumers have a good understanding of the role and benefits
of a notary, they will tend to seek the services of a notary and choose to involve a notary in their
property transactions. Consumer awareness will help ensure that transactions are carried out
with the correct procedures and their rights are properly protected (Andri, 2022).
The role of a notary in resolving disputes related to property transactions is very important
in ensuring a fair and just settlement. Notaries can act as mediators in resolving property
disputes between the parties involved. As a mediator, the notary will facilitate dialogue and
negotiation between disputing parties with the aim of reaching a mutually beneficial agreement.
The notary will help the parties to reach a solution that is acceptable to all parties together
(Octarina & Nababan, 2023).
In some cases, a notary can also act as an arbiter or arbitrator in resolving property
disputes. As an arbiter, the notary will consider the arguments and evidence from both parties
to the dispute, and issue a binding decision for the parties. The decision of the notary arbitrator
has the same legal force as a court decision. Notaries can also provide legal advice to parties
involved in property disputes. The notary will use his knowledge and understanding of property
law to provide guidance and advice to parties facing disputes. Legal advice provided by a notary
can help parties understand their rights and obligations and consider available settlement
options. In resolving property disputes, the role of a notary as a mediator, arbitrator, or provider
of legal advice will ensure that the settlement process is carried out in a fair and just manner.
Notaries have in-depth knowledge and understanding of property law, and have an ethical
obligation to safeguard the interests of all parties involved. Thus, the role of a notary in resolving
property disputes is very important to achieve a satisfactory resolution for all parties.
Notaries have an important role in providing education and information to consumers
regarding their rights in property transactions, the procedures involved, the risks that may occur,
and how to protect themselves in these transactions (Susanto, 2008). Following are some of the
efforts made by notaries in providing education and information to consumers:
1. Explanation of Procedure
The notary will explain the procedure in detail to the consumer regarding the steps
involved in a property transaction. They will provide information about the documents that must
be prepared, the steps that must be passed, and the legal requirements that must be met.
2. Associated Risks
e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595
Journal of Indonesian Social Science, Vol. 4, No. 07, July 2023 605
The notary will provide consumers with an understanding of the risks that may occur in
property transactions. They will identify relevant risks, such as risks of fraud, risks of
irregularities in documents, or risks of property ownership issues. By providing this information,
the notary helps consumers to understand these risks and take appropriate preventive
measures.
3. Consumer Rights
The notary will explain the consumer's rights in property transactions, including the right
to honest information, the right to obtain adequate explanations about the documents signed,
and the right to protect their interests in the transaction. They will provide explanations about
how consumers can protect themselves and take appropriate steps to ensure legitimacy and
legality of transactions.
4. Socialization of the Law
Notaries also play a role in socializing laws related to property transactions to consumers.
They will explain the relevant legal aspects and provide an understanding of the legal obligations
that must be fulfilled by all parties involved in the transaction.
Through these efforts, notaries act as agents who provide education and information to
consumers, so that they can make smarter decisions and protect themselves in property
transactions. By understanding their rights, the procedures involved, the risks that may occur,
and how to protect themselves, consumers can take the right steps and make more informed
decisions.
4. Conclusion
Notaries have a very important role in ensuring fairness, legitimacy and protection of
consumer rights. In the context of property transactions, a notary acts as an independent and
neutral party who is responsible for ensuring that the transaction is carried out in accordance
with applicable legal provisions and does not harm consumers. The role of a notary to check and
confirm the legality of property documents, facilitate secure payments, and provide legal advice
to consumers is very important in protecting the interests and protection of consumers. In
addition, notaries have an important role in providing education and information to consumers
regarding their rights in property transactions, the procedures involved, the risks that may occur,
and how to protect themselves in these transactions. This study also found that factors such as
competence and integrity of notaries, effective supervision and regulation, and consumer
awareness about the importance of involving notaries in property transactions affect the
effectiveness of the notary's role in protecting consumer rights.
5. References
Adrian Sutedi, S. H. (2023). Hukum Perbankan: Suatu Tinjauan Pencucian Uang, Merger, Likuidasi, dan
Kepailitan. Sinar Grafika.
Fadli, M. R. (2021). Memahami desain metode penelitian kualitatif. Humanika, Kajian Ilmiah Mata Kuliah
Umum, 21(1), 33–54.
Ginting, S., & Yunita, Y. (2021). Kekuatan Hukum Perjanjian Agen Pemasaran Properti Dalam Bentuk
Eksklusif Listing. Law Pro Justitia, 6(2), 36–61.
HS, H. S., & SH, M. S. (2022). Uji Kompetensi Profesi Notaris: Soal jawab Ujian Pengangkatan Notaris & Uji
kode Etik Notaris. Sinar Grafika.
Mubarak, A. (2022). Broker dalam Bisnis Properti Menurut Fatwa DSN No 93. JOURNAL EKONOMI,
KEUANGAN, PERBANKAN DAN AKUNTANSI SYARIAH, 1(01), 21–29.
Octarina, N. F., & Nababan, Y. B. (2023). Efforts To Prevent Unfair Competition Bank Notary.
International Journal of Engineering Business and Social Science, 1(04), 295–299.
Shidqi Noer Salsa, S. H., & Kn, M. (2020). Hukum Pengawasan Notaris Di Indonesia Dan Belanda. Prenada
e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595
Journal of Indonesian Social Science, Vol. 4, No. 07, July 2023 606
Media.
Sumarlin, S., Zuhir, M. A., & Syarifudin, A. (2020). Penyelesaian Hukum Terhadap Akta Notaris Tentang
Pengoperan Hak Yang Tumpang Tindih Dengan Alas Hak Lainnya (Studi Kasus Putusan Mahkamah
Agung Republik Indonesia Nomor: 540/Pk/Pdt/2016) (Doctoral dissertation, Sriwijaya University).
Susanto, H. (2008). Hak-hak konsumen jika dirugikan. Visimedia.
Winoto, C. K. (2023). Kewajiban Notaris Terhadap Titipan Sertipikat Yang Disita Dalam Tindak Pidana
Pencucian Uang. Al Qodiri: Jurnal Pendidikan, Sosial Dan Keagamaan, 21(1), 260–280.
