Notary: Mediator in Mediation of Land Dispute of the Parties in the Deed

DOI

10.2991/978-2-494069-93-0_74How to use a DOI?

Keywords

Notary; Mediation; Land Dispute

Abstract

Notaries must be fair and impartial when offering services to the community, avoiding status and class discrimination. In practice, there are also notaries who serve as mediators for deed dispute mediation. The notary is morally obligated to resolve problems relating to the document they drew up. It is possible for the notary to become the mediator of the parties in the deed in the context of land conflicts, such as in the sale and purchase transaction. The employed research method is a normative legal research method that combines the statutory and conceptual approaches. Notary as a mediator is conducted in line with the provisions of Law No. 2 of 2014 about the Notary Profession and the legal foundation of Notaries as legal counselors. The mediation phase is also conducted in accordance with the rules outlined in Supreme Court Regulation No. 1 of 2016 on Mediation Procedures, which also authorizes the mediator to assist the parties in resolving their disagreement through mediation outside of court. The choosing of a notary as a mediator is the desire of the parties who request the services of a notary to mediate, as the notary is a person in whom the parties place their trust due to all the benefits he possesses. In the land dispute mediation process including the parties in the deed he drew up, the Notary's function as a mediator is to ensure the object of the conflict and the truth of the object of dispute in accordance with the deed he drew up, while the parties themselves determine the peace.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Ni Luh Gede Purnamawati
PY  - 2023
DA  - 2023/01/25
TI  - Notary: Mediator in Mediation of Land Dispute of the Parties in the Deed
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 630
EP  - 635
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_74
DO  - 10.2991/978-2-494069-93-0_74
ID  - Purnamawati2023
ER  -