Legal Implications of Transferring Notary Legal Counseling Duties to a Substitute Notary or Temporary Notary in the Preparation of Deeds of Release of Rights to Customary Land

This study examines the legal implications of transferring notary legal counseling duties to a substitute notary or acting official in the preparation of deeds of granting traditional land rights. The primary areas of focus are the legality of the deed, the legal responsibilities of the substitute notary, and the defense of indigenous peoples' rights. By examining Law Number 5 of 1960 concerning Basic Agrarian Principles, Law Number 2 of 2014 concerning the Position of Notary, and putting provisions like Government Regulation Number 24 of 1997 concerning Land Registration into effect, the research method is normative juridical through a statutory approach. The results of the study indicate that the validity of the deed of release of customary land rights can only be guaranteed if the appointment of the substitute notary or acting official meets formal and substantial requirements, including the inclusion of the position status on the minutes and a copy of the deed. Non-compliance has the potential to give rise to customary land disputes and the risk of nullity, particularly when the principle of recognizing The rights of indigenous peoples are not being upheld under Article 18B, paragraph (2) of the 1945 Constitution and Constitutional Court Decision Number 35/PUU-X/2012. In accordance with Civil Code Article 1365, acting officials or substitute notaries are nonetheless subject to civil culpability, administrative sanctions under Articles 85–88 of the Notary Law, and the obligation to maintain professional ethics. This study recommends strengthening legal counseling procedures, harmonizing land regulations and notary positions, and establishing national guidelines to ensure the protection of indigenous peoples' rights and legal certainty in every process of releasing customary land rights.