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All Journal Jurnal Interpretasi Hukum
I Wayan Novy Purwanto
Fakultas Hukum, Universitas Udayana, Indonesia
Law, Crime, Criminology & Criminal Justice

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Urgensi Pengaturan Akta Pembatalan Terhadap Akta Pejabat Pembuat Akta Tanah (PPAT) Ni Made Nita Pradnyaning Putri; I Wayan Novy Purwanto
Jurnal Interpretasi Hukum Vol. 5 No. 2 (2024): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.5.2.10400.986-993

Abstract

When executing his responsibilities to authenticate deeds within the realm of land transactions, it is quite frequent for a PPAT to face issues concerning previously executed deeds, particularly when parties demand their annulment. This study addresses the lack of normative guidelines pertaining to the specific forms or types of cancellation deeds required to annul a PPAT deed. This study aims to explore the imperative of instituting regulatory measures concerning the annulment deeds executed by PPAT, as well as the legal consequences that arise from the nullification of a PPAT Deed. Utilizing a normative legal research approach that emphasizes statutory analysis, the study scrutinizes the legal structures outlined in diverse legislative documents. The methodological approach involved the utilization of library research or document analysis to collect legal documentation, which was subsequently subjected to qualitative evaluation. The results of the study demonstrate that the establishment of a Deed of Cancellation for a PPAT Deed by a Notary, or in their presence, is authorized according to Article 15, Paragraph (2), sub-paragraph f of the UUJN-P. This authorization is intended to provide legal assurance to all relevant parties and Land Deed Making Officials, given the lack of detailed regulations specifying the nature, structure, content, and procedural stipulations required for these cancellations. Consequently, the legal repercussions of canceling a PPAT Deed are that all entities and individuals are returned to their original state prior to the execution of the PPAT Deed.
Urgensi Pendaftaran Perjanjian Kawin Dalam Perspektif Kekuatan Akta Notaris Terhadap Pihak Ketiga Anak Agung Ayu Desy Nadhira Putri; I Wayan Novy Purwanto
Jurnal Interpretasi Hukum Vol. 6 No. 2 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.2.2025.269-275

Abstract

To ensure the safety and security of both spouses, a marriage contract details the distribution of marital assets in a legally binding document.  Notarial deeds still lack the evidentiary strength of third-party marriage contracts, particularly in cases where the agreements are not filed with a marriage registrar, and this is particularly true in practice.  Article 1868 of the Civil Code and Article 15 of Law Number 2 of 2014 about the Position of Notary control the formal and material force of a notarial deed. However, in practice, this does not always align with society's expectations.  Examining the third-party legal ramifications of an unregistered marriage contract and the binding nature of a notarial deed in creating a marriage contract are the primary goals of this research.  Using a statutory and conceptual approach, this research employs normative law and employs qualitative analysis.  According to the study's findings, a notarial deed can be used as flawless evidence by the parties involved, but it lacks the authority to bind third parties unless it is registered with the Civil Registration Office or the Office of Religious Affairs.  Thus, as an expression of the concept of publicity, the registration of a marriage agreement is highly urgent in order to ensure legal certainty and protection for the husband and wife as well as any interested third parties.
Co-Authors Anak Agung Ayu Desy Nadhira Putri Ni Made Nita Pradnyaning Putri