RECONSTRUCTING INDONESIA’S NOTARY LAW TO REALIZE A BALANCED RIGHTS–DUTIES FRAMEWORK AND STRENGTHEN THE NOTARY’S CORE AUTHORITY OVER AUTHENTIC DEEDS

Abstract

This article presents a normative and reform-oriented argument for revising Indonesia’s Notary Office Law (Undang-Undang Jabatan Notaris/UUJN) to establish a “balanced-value basis” between notaries’ rights and obligations, while enhancing the notary’s primary authority to produce authentic deeds. Building on doctrinal analysis and the dissertation’s conceptual critique, the study shows that the current framework tends to maximize legal certainty for service users but leaves notaries exposed to asymmetrical burdens (administrative, civil, ethical, and potentially criminal risks) without a commensurate guarantee of justice and utility. The article proposes a legislative reconstruction agenda consisting of targeted amendments: first, recalibrating clauses that enable the transfer/exclusion of authentic-deed authority to other officials; second, harmonizing sectoral regulations that fragment notarial authority; and third, strengthening protections, funding, and institutional design for notarial supervision. The reform is grounded in constitutional commitments and a legal-philosophical priority for justice, particularly when rigid legality results in disproportionate harm. The article contributes a structured legislative roadmap to improve legal coherence, professional accountability, and public trust in authentic instruments.

keywords : Notary. UUJN. Authentic Deed. Legal Harmonization. Rights–Duties Balance. Legislative Reconstruction.