International Journal of Social Science and Human Research ISSN (print): 2644-0679, ISSN (online): 2644-0695 Volume 07 Issue 03 March 2024 DOI: 10.47191/ijsshr/v7-i03-06, Impact factor- 7.876 Page No: 1538-1541 IJSSHR, Volume 07 Issue 03 March 2024 www.ijsshr.in Page 1538 Notarial Deed on Transfer of Rights Potential Conflict I Nyoman Sumardika 1 , I Ketut Kasta Arya Wijaya 2 , Ni Made Jaya Senastri 3 1,2,3 Lecturers of Faculty of Law, Warmadewa University ABSTRACT: This study examines the Notary Deed on Transfer of Rights with Potential Conflicts. The potential for disputes over the transfer of rights agreement made before a Notary, starting from the beginning of the transfer of rights agreement has the potential to contain disputes, however, the complainants still ask to be made a deed by the Notary and one of the parties reneges on the consensus made and agreed before the Notary.The potential for the deed made before the Notary Public has the potential to contain disputes related to the Transfer of Civil Rights and Transition Civil Authority. The types of Deeds in question include: Deed of Power of Attorney / Power to Sell followed by Deed of Agreement / Binding of Sale and Purchase, Deed of Recognition of Debt with Guarantee followed by the preparation of the Deed of Binding Sale and Purchase and Power of Sale, Deed of Cancellation, Entry and Amendment of CV Deed, Lease Agreement, Power to Rent and Recognition of Debt with Collateral, and Deed of Will. Meanwhile, the deed related to the Transfer of Civil Authority is a stand-alone Power of Attorney Deed. The excesses of criminal acts in the implementation of the Notary office are very close to the crime of forgery of letters, because this is significant with the Notary's position as a General Official. Meanwhile, the provisions on Extortion, Embezzlement, Fraud, Land Seizure and Theft are not related to the capacity of Notaries as Public Officials but as private persons just like society in general. This condition requires a solution to anticipate the deed made by or before a Notary. This becomes increasingly relevant for practical needs because of differences in viewpoints and interests that imply a degradation of objectivity in assessing an authentic deed. Judgment no longer refers to the standard of authenticity of an authentic deed that clearly positive law has set it out. This condition should be a valuable lesson and experience by being a progressive Notary, to be part of the solution and not part of the problem. KEYWORDS: Notary Deed, Transfer of Rights, Potential Conflict INTRODUCTION Notaries are also human beings, this expression indicates their existence as individuals living in a community called society. In this dimension, the Notary concerned is predominantly subject to non-legal rules. Meanwhile, in another dimension, Notaries have the capacity as legal officers. In such a capacity, Notaries will always be bound and subject to the world of binding legal rules. This condition does not mean that a Notary Public becomes shackled without freedom. In other words, Notaries still have freedom in shaping their own world through subjective meanings (Anthony Giddens: 1971: 155). In relation to this Kartini Soedjendro mentioned that Notaries are more accurately referred to as agents (Kartini Soedjendro: 2001: 30). The definition of Notary as an agent means that Notaries are tasked with translating general rules into more meaningful for real daily struggles. Furthermore, in Giddens' theory of Structuration, it is revealed that the actions of a person (Notary) are not solely bound to shared values and norms, but are also related to expected goals based on certain reasons. (Kartini Soedjendro: 2001: ibid). In the midst of binding legal regulations, Notaries still have the freedom to translate these regulations into concrete cases that they are facing. This freedom in literature study is known as "discretion". It's just that the use of this discretion by Notaries is like a double-edged knife, on the one hand it can be a solution to the actions of the confronters of the legal actions they do and on the other hand it can be a tool to stab the Notary concerned. The use of discretion by Notaries must be placed on the basis of functional considerations of the position attached to the Notary and on the basis of the legal objective to be achieved, which is to make the law more meaningful in concrete cases. The potential for disputes over the transfer of rights agreement made before a Notary is caused by several reasons: First, from the beginning of the transfer of rights agreement it has the potential to contain disputes, however, the complainants still ask for the deed to be made by the Notary. Second, the agreement made by the contenders is the truth of the consensus formulated into legal provisions derived from a statement / statement of the facers. If one party or both parties leave the consensus, it is certain that disputes arise between these parties and often drag the Notary Public to be the party responsible for the deed he made.