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All Journal Jurnal Ilmiah Universitas Batanghari Jambi Jurnal Notariil
Atalim, Stanislaus
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Agriculture, Biological Sciences & Forestry Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice

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ACCOUNTABILITY OF NOTARY/LAND DEED OFFICIAL FOR TRANSACTION OF LAND SALE AND PURCHASE BASED ON FAKE EVIDENCE Arthawan, I Wayan Richa; Atalim, Stanislaus; Sudiro, Amad
NOTARIIL Jurnal Kenotariatan Vol. 9 No. 1 (2024)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.9.1.2024.9-14

Abstract

Notary/PPAT accountability is a form of responsibility carried out by a Notary/PPAT legally for a certain action against his position, duties and authority in making an authentic deed. In a land sale and purchase transaction, when pouring all forms of data provided by the parties, if there is a sale and purchase of land based on fake document evidence to transfer ownership rights to other people's land which is not actually being traded. In this case the Notary/PPAT is not properly positioned as a party to this case, because the Notary/PPAT where all products issued by a Notary/PPAT are based on Law Number 30 of Year 2004. Meanwhile, the legal consequences of land sale and purchase agreements based on forged documentary evidence are that a deed only has the power of proof as a private deed. This study uses a normative legal method, using a case approach, statutory approach, and legal conceptual approach with primary, secondary and tertiary legal materials. The conclusion of this study is that a Notary/PPAT cannot be said to have committed a violation of the making of the Sale and Purchase Deed, because what is stated in a Notary deed is the will of the parties, and as a legal consequence of the land sale and purchase agreement based on forged documentary evidence, namely the deed becomes legally flawed because it is based on manipulative documents.
Implementation of Guidance and Supervision Functions for Land Deed Officials at the Tangerang District Land Office Emilia, Emilia; Atalim, Stanislaus
Jurnal Ilmiah Universitas Batanghari Jambi Vol 24, No 2 (2024): Juli
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/jiubj.v24i2.4369

Abstract

In the Tangerang Regency area, the task of fostering and supervising the Land Deed Official is carried out by the Tangerang Regency Land Office with the hope that the implementation of the Land Deed Official's professional duties can be achieved optimally and minimize violations of the law in carrying out their duties. For this reason, it is necessary to know the extent to which the implementation of the guidance and supervision function of the Land Deed Officials in Tangerang Regency is carried out. This research was using normative juridical research, library law research supported by interviews, with the nature of analytical descriptive research which is expected to obtain a systematic and detailed description of the problems to be studied, then it can be concluded in this study that the guidance and supervision of Land Deed Officials in Tangerang Regency has not been implemented properly and optimally. This is due to the factor that the area in Tangerang Regency is very large and has more than 400 Land Deed Officials which is not comparable to the guidance and supervision resources owned by the Tangerang Regency Land Office personnel. Another factor that becomes an obstacle is the rules that tend to be weak, do not provide strict sanctions, such as the existence of a Land Deed Official who does not submit reports on the making of his deed on a regular basis. Suggestions and recommendations for this research are in the form of perfecting rules and provisions for stricter sanctions as well as scheduling systematic guidance and supervision by the Tangerang District Land Office.
Co-Authors Amad Sudiro, Amad Arthawan, I Wayan Richa Emilia Emilia