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Wira Franciska
Program Pascasarjana Magister Kenotariatan, Universitas Jayabaya Jakarta
Humanities Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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PENYALAHGUNAAN KEWENANGAN JABATAN NOTARIS ATAS PELEPASAN HAK ATAS TANAH UNTUK PENGADAAN TANAH PEMERINTAH DIKAITKAN DENGAN TINDAK PIDANA KORUPSI Rachmawati; Maryano; Rachmawati Rachmawati; Maryano Maryano; Wira Franciska
Journal of Innovation Research and Knowledge Vol. 6 No. 1 (2026): Juni 2026
Publisher : Bajang Institute

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Abstract

The role of a Notary basically is not only to express the will of the parties in an authentic deed, but also to provide legal opinions for the parties, in order to prevent conflicts or disputes from occurring in the future. Notaries in carrying out their positions cannot commit arbitrary acts, because the Notary's actions are limited by the Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to the Law of the Republic of Indonesia Number 30 of 2004 concerning the Position of Notary (hereinafter referred to as "UUJNP ”), the code of ethics for the Notary's position, as well as other applicable regulations. The legal theory used in this study is the Theory of Legal Consequences and the Theory of Authority. The method used in this research is normative juridical research, namely library law research or secondary data with sources of primary, secondary and tertiary legal materials. The research approach used is the Statutory Approach, Conceptual Approach, Analytical Approach, Case Approach and legal material collection techniques by identifying and inventorying positive legal rules, literature books, journals and other sources of legal materials. For legal material analysis techniques, it is carried out using grammatical interpretation, historical interpretation and systematic interpretation, and legal construction methods. From the results of research on the legal consequences of abuse of the authority of a Notary in land acquisition associated with criminal acts of corruption that Notaries are subject to Article 55 of the Criminal Code, this is an alternative element, namely it is enough to prove one of the elements of the Article (person who did, ordered to do, or participated in doing). in accordance with the capacity of the actions committed by the Defendant in this case can be convicted as a criminal offender. The said deed or letter is generally entitled Deed of Relinquishment of Rights (APH). APH is sometimes also known as a Letter of Release of Rights (SPH). APH must be made before a Notary so that the strength of proof is perfect compared to if it was made privately. APH is not made by the Land Deed Making Officer (PPAT) as is the case with authentic deeds which are the authority of the PPAT as stated in Article 2 paragraph 2 of Government Regulation Number 37 of 1998 concerning Land Deed Making Officials.
PERLINDUNGAN HUKUM BAGI PARA PIHAK TERHADAP PEMALSUAN DOKUMEN JUAL BELI TANAH OLEH PPAT DALAM PERALIHAN HAK ATAS TANAH Syariffudin; Syariffudin Syariffudin; Slamet Turhamun; Wira Franciska
Journal of Innovation Research and Knowledge Vol. 5 No. 5 (2025): Oktober 2025
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53625/jirk.v5i5.11461

Abstract

Legal protection for the parties against document forgery in land sale and purchase transactions committed by the Land Deed Official (PPAT) in the transfer of land rights constitutes an essential aspect of land law. The issues addressed in this research are: (1) What are the legal consequences of the transfer of land rights through sale and purchase when forgery of documents is committed by a PPAT, and (2) What forms of legal protection are available for the parties against document forgery by a PPAT in the transfer of land rights. This research employs the theory of legal consequences as articulated by Soeroso and the theory of legal protection as developed by Satjipto Rahardjo. The research method applied is normative juridical research, namely legal research based on library studies or secondary data, utilizing sources of primary, secondary, and tertiary legal materials. The research adopts several approaches, including the statutory approach, case approach, analytical approach, and conceptual approach. Legal materials are collected through identification and inventory of positive legal rules, legal literature, books, journals, and other sources of law. The techniques of legal analysis employed include legal interpretation—consisting of grammatical and systematic interpretation—and legal construction, namely analogy construction and legal refinement (rechtsverfijning). The findings reveal that document forgery committed by a PPAT in the transfer of land rights gives rise to serious consequences under civil, criminal, and administrative law. From a civil law perspective, a deed executed on the basis of forged documents is null and void by operation of law, thus the land certificate resulting from such transfer may be revoked by the National Land Agency (BPN) and restored to the rightful owner, even if it disadvantages a bona fide purchaser. From a criminal law perspective, a PPAT proven to have engaged in forgery may be prosecuted under Articles 263, 264, and 266 of the Indonesian Criminal Code (KUHP) with imprisonment as the sanction. From the professional standpoint, a PPAT may be subjected to administrative sanctions, including permanent dismissal. Legal protection for the victims is realized through deed annulment, civil claims for damages, criminal prosecution, and professional supervision by the competent authorities.
PERLINDUNGAN HUKUM BAGI PEMBELI TERHADAP PERALIHAN HAK ATAS TANAH AKIBAT JUAL BELI YANG DILAKUKAN DI BAWAH TANGAN T Sy Alfina Ulfah; Wira Franciska; Amelia Nur Widyanti
Journal of Innovation Research and Knowledge Vol. 5 No. 5 (2025): Oktober 2025
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53625/jirk.v5i5.11462

Abstract

This research discusses legal issues arising from the practice of unregistered land rights transactions. This practice is often conducted to avoid administrative fees, expedite the transaction process, or due to a lack of knowledge of applicable legal procedures. Unregistered transactions do not meet formal legal requirements and thus have the potential to cause problems, such as when the seller or their heirs deny the existence of the transaction, or when the land becomes the subject of a dispute in court. This causes good faith purchasers to face difficulty in defending their rights because the evidence they possess lacks probative value. The theories used in this research are the Theory of Legal Consequences by Soeroso and the Theory of Legal Protection by Satjipto Rahardjo. The research method used is normative legal research, which is conducted by examining library materials or secondary data. The approaches used in this study include the statute approach to examine all relevant laws and regulations, the case approach to build legal arguments based on concrete cases, the analytical approach, and the conceptual approach. The legal materials used consist of primary legal materials that are authoritative and binding, secondary legal materials, and tertiary legal materials. Based on an analysis of court decisions, it was found that the Indonesian justice system seeks to provide legal protection to good faith purchasers in unregistered land transactions. Although the transaction was not made before a competent official, the court can declare the sale and purchase valid and establish the buyer as the legal owner. This indicates that ownership of land rights does not only depend on the PPAT deed, but also on strong evidence of the agreement, full payment, and legal physical possession.
PERLINDUNGAN HUKUM BAGI PENJUAL TERHADAP PERALIHAN HAK ATAS TANAH AKIBAT JUAL BELI YANG BELUM LUNAS Fachrul Muhammad; Wira Franciska; Dhoni Martien
Journal of Innovation Research and Knowledge Vol. 5 No. 10 (2026): Maret 2026
Publisher : Bajang Institute

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Abstract

In its execution, the Deed of Sale and Purchase (Akta Jual Beli or AJB) adheres to the prevailing customary law and fulfills the principles of "terang" (transparency) and "tunai" (cash payment). However, in practice, it is often found that the AJB is executed even though the payment has not been fully made, and the transfer of land rights to the buyer has already taken place. This study addresses two main research questions: What is the legal protection afforded to the seller in a land sale and purchase where the payment has not been fully settled and What are the legal consequences of transferring land rights based on a Deed of Sale and Purchase executed prior to full payment The study employs the Legal Consequence Theory by Soeroso and the Legal Protection Theory by Philipus M. Hadjon. The research method used is normative juridical (legal research based on library study or secondary data, including primary, secondary, and tertiary legal materials). The approaches utilized in this study include statutory, conceptual, case-based, and analytical approaches. The technique for collecting legal materials involves identifying and inventorying relevant legal norms, legal literature, and other supporting legal documents. The analysis technique applied is based on grammatical and systematic interpretation of legal norms. The findings of this study conclude that the legal consequence of executing an AJB without full payment, followed by the transfer of rights, is that the deed may be annulled through a court decision. Furthermore, legal protection for the seller is guaranteed by law, which provides the seller with the right to file a lawsuit.
Co-Authors Amelia Nur Widyanti Dhoni Martien Fachrul Muhammad Maryano Maryano Maryano Rachmawati Rachmawati Rachmawati Slamet Turhamun Syariffudin Syariffudin Syariffudin T Sy Alfina Ulfah