NOTARY AS MEDIATOR IN MEDIATION EFFORT OF LAND DISPUTES OF THE PARTIES IN THE DEED NI LUH GEDE PURNAMAWATI
Doctoral Program in Law, Postgraduate Program, Warmadewa University Denpasar, Bali
Abstract
Notaries must be neutral and impartial in providing services to the community, not discriminating against status and class. In practice, a notary is also found who acts as a mediator in the mediation process for deed disputes. Morally, the notary is obliged to settle disputes that are still related to the deed product. The notary who mediates the parties in the deed can be done in the context of land disputes, such as in the binding deed of sale and purchase or deed of sale and purchase of land parcels. The research method used is a normative legal research method and uses 2 (two) approaches, namely the statutory or statutory approach and the conceptual approach. Notary as a mediator is carried out in accordance with what is mandated by Law Number 2 of 2014 concerning Notary Positions, in accordance with the legal basis of Notaries as legal counseling. The mediation stage is also carried out based on the procedures contained in the Regulation of the Supreme Court Number 1 of 2016 concerning Mediation Procedures, it also gives the authority for the mediator to help the parties resolve their dispute through mediation outside the court. The selection of a notary as a mediator is the desire of the parties who request the services of a notary to mediate, because the notary is a person who is trusted by the parties with all the advantages he has. The role of the Notary as a mediator in the land dispute mediation process which is still related to the parties in the deed he made is to ensure the object of the dispute and ensure the truth of the object of dispute in accordance with the deed he made while still determining the peace is the parties themselves.
