Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Genesis Law and Social Sciences
Putri Safira
Master of Notarial Law, Faculty of Law, University Syiah Kuala, Banda Aceh 23111, Indonesia

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Legal Consequences of the Transfer of Undivided Joint Property on the Validity of the Deed Made by the Land Deed Official (PPAT) Putri Safira; Darmawan; Novi Sriwahyuni
Genesis Law and Social Sciences Vol. 1 No. 2 (2025): November 2025
Publisher : Graha Primera Saintifika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61975/glass.v1i2.99

Abstract

This study analyses the legal consequences of the transfer of undivided marital property on the validity of a sale and purchase deed made by a Land Deed Official (PPAT). The research focuses on the legal implications arising when one party in a marriage transfers joint property without the consent of the other spouse. Using a normative and empirical juridical approach, this paper examines statutory provisions, legal doctrines, and judicial precedents, including the Decision of the Banda Aceh Sharia Court No. 185/Pdt.G/2021/MS.Bna. The findings reveal that any transfer of joint property conducted without mutual consent violates Article 36 of Law No. 1 of 1974 on Marriage and Article 92 of the Compilation of Islamic Law (KHI), rendering the resulting PPAT deed legally invalid and void by law. Moreover, the PPAT may be held civilly, administratively, and ethically responsible for negligence in verifying the legal status of the property. This study highlights the importance of legal certainty and professional accountability in land registration and transfer processes to protect the rights of all parties involved.
Co-Authors Darmawan Novi Sriwahyuni