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All Journal Otentik's : Jurnal Hukum Kenotariatan Syntax Idea Aksara: Jurnal Ilmu Pendidikan Nonformal JOURNAL of LEGAL RESEARCH Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET) Jurnal Impresi Indonesia AKADEMIK: Jurnal Mahasiswa Humanis SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Cerdika: Jurnal Ilmiah Indonesia Jurnal Riset Ilmiah Jurnal Penelitian dan Pengkajian Ilmiah SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Fatih: Journal of Contemporary Research Jurnal Cendekia Ilmiah Corpus Juris : Jurnal Ilmu Hukum
Wira Franciska
Universitas Jayabaya Jakarta
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Tanggungjawab Pejabat Pembuat Akta Tanah secara Perdata akibat Pembuatan Akta Jual Beli Tanah dan Bangunan yang Terdapat Perbuatan Melawan Hukum Dhani Rizki Bahari; Wira Franciska; Iran Sahril Siregar
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 6 No. 3 (2026): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v6i3.2401

Abstract

The preparation of a Sale and Purchase Deed (Akta Jual Beli/AJB) by a Land Deed Official (Pejabat Pembuat Akta Tanah/PPAT) requires compliance with statutory provisions and the principle of prudence. Problems arise when an AJB is prepared in circumstances involving an unlawful act, particularly when the PPAT’s conduct contributes to legal defects or causes loss to the parties. This study aims to analyze the legal consequences of an AJB containing an unlawful act and to examine the civil liability of a PPAT whose conduct causes loss to the parties. This research employs normative juridical methods using statutory, case, and conceptual approaches. Primary legal materials consist of legislation and court decisions, while secondary materials include legal books and journal articles. The materials are analyzed qualitatively through systematic and grammatical interpretation. The study finds that the legal consequences of an AJB involving an unlawful act depend on the nature of the legal defect and the court’s determination, including cancellation or loss of its legal effect. A PPAT may be held civilly liable when it is proven that the PPAT violated legal duties or the required standard of professional care and that such conduct caused compensable loss. Therefore, the assessment of PPAT liability must be based on the specific conduct, fault, loss, and causal relationship established in each case.
KEKUATAN PEMBUKTIAN PERDATA ATAS MINUTA AKTA YANG HILANG DAN IMPLIKASINYA TERHADAP TANGGUNG JAWAB NOTARIS Intan Aulia Sari; Wira Franciska; Khoirul Anwar
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2923

Abstract

The existence of a minute deed as the original document in the notarial protocol is an essential element in maintaining the authenticity of a notarial deed. The loss of a minute deed in practice creates legal uncertainty regarding the evidentiary force of the deed and has implications for notary liability. The issues raised in this study are: how is the civil evidentiary force of a lost minute deed, and how is the notary's liability for the loss of a minute deed. The theories used as analytical tools are the evidentiary theory of R. Subekti and the legal liability theory of Hans Kelsen.This research employs a normative legal research method, namely library-based legal research using secondary data sources consisting of primary, secondary, and tertiary legal materials. The research approaches used are the Statute Approach, Conceptual Approach, Analytical Approach, and Case Approach. Legal materials were collected by identifying and inventorying positive legal rules, literature, journals, and other legal sources. The analysis was conducted using grammatical interpretation, systematic interpretation, and legal construction methods, including analogy construction and legal refinement. The research findings reveal that the loss of a minute deed affects the position of a notarial deed as authentic evidence because the external, formal, and material evidentiary aspects cannot be optimally fulfilled. The absence of a minute deed prevents the deed from being verified for its authenticity and may reduce its evidentiary value in court. Furthermore, a notary has a legal obligation to preserve and maintain minute deeds as part of the notarial protocol. Negligence resulting in the loss of a minute deed may lead to administrative, civil, or criminal liability depending on the legal consequences arising from such loss
PENYELESAIAN SENGKETA TERHADAP AKTA WASIAT YANG MELANGGAR LEGITIME PORTIE DAN MERUGIKAN AHLI WARIS Iis Riantika; Wira Franciska; Hedwig Adianto Mau
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2938

Abstract

This research is prompted by recurring disputes over testamentary deeds that infringe upon the legitime portie, resulting in the reduction of forced heirs' absolute entitlements and generating legal uncertainty in estate distribution. The research addresses three main problems: the legal framework governing testamentary deeds that violate the legitime portie, the mechanism for resolving disputes arising from such deeds, and the legal consequences imposed on the involved parties. This study applies Dispute Resolution Theory and Legal Consequences Theory. This research applied a normative juridical method based on library research and secondary data, such as primary, secondary, and tertiary legal sources. This research adopted statutory, case, and analytical approaches. Legal materials were collected through the identification and inventory of applicable laws and regulations, books, journals, and other relevant legal sources. Data analysis used grammatical and systematic as well as legal construction through analogy and legal refinement. The research finds that the legal consequence of a will that violates the legitime portie is the reduction of the testamentary disposition (actie van inkorting) in order to restore the reserved portion rights of the legitimaris. The complete annulment of the deed may only be pursued where the deed contains an object beyond the testator’s legal authority. Therefore, dispute resolution should ideally be pursued through non-litigation mechanisms, such as deliberation, negotiation, or mediation, in order to preserve family relationships and achieve procedural efficiency. Litigation should be pursued as an ultimum remedium to ensure legal certainty and the protection of the heirs’ rights.
KEPASTIAN HUKUM NILAI PEROLEHAN OBJEK PAJAK PAJAK BPHTB (BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN) OLEH PEMERINTAH DAERAH YANG TIDAK SESUAI DENGAN HARGA TRANSAKSI JUAL BELI TANAH DAN BANGUNAN Joko Arisyanto; Wira Franciska; Nur Hakim
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 9 (2026): SINERGI : Jurnal Riset Ilmiah, September 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i9.2977

Abstract

BPHTB is a type of local tax. Law No. 1 of 2022 on Financial Relations Between the Central Government and Local Governments, Article 46(2)(a), stipulates that the acquisition value of a taxable object in a sale and purchase transaction is the transaction price. However, in practice, there is a discrepancy between the transaction value agreed upon by the parties and that determined by the local government. This study analyzes the authority of local governments in determining the acquisition value of BPHTB taxable objects in land and building sales transactions and the legal certainty of the acquisition value of BPHTB taxable objects in such transactions as established by local governments. The theories used in this study are H.D. Stoud’s Theory of Authority and Gustav Radbruch’s Theory of Legal Certainty. The methodology employed in this study is a normative legal research approach supported by interviews—that is, legal research that examines legal norms, legislation, legal principles, and legal concepts, supplemented by interviews. The research approaches employed include statutory, conceptual, case-based, and analytical approaches, with legal data collection conducted by identifying and cataloging positive legal rules, books, journals, and other legal sources. Legal analysis was performed using grammatical interpretation and the method of legal construction by analogy. The research findings indicate that legal certainty in the determination of BPHTB values for land and building sales transactions by local governments has not yet been fully realized. Fairness assessments are not based on a single specific indicator but are conducted comprehensively by considering the condition of the taxable property, its location, land characteristics, and market price trends, thereby resulting in a more objective valuation..
Perlindungan Hukum bagi Jamaah atas Perjanjian dengan Biro Perjalanan Umroh terkait Gagal Keberangkatannya Faisal Faisal; Wira Franciska; Iran Sahril
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 9 (2026): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, September 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i9.2982

Abstract

This study examines the legal protection afforded to pilgrims regarding contracts with Umrah travel agencies in the event of a failure to depart. It employs a normative-juridical research method—specifically, library-based legal research utilizing primary, secondary, and tertiary legal sources. The findings indicate that the state plays a role in ensuring legal protection for Umrah pilgrims by guaranteeing the fulfillment of their rights as consumers of Umrah travel services. Through amendments to the regulations governing Umrah pilgrimage organizers (UUPPIU), the government, acting as the regulator, mandates that organizers deposit a specific sum with the Ministry of Religious Affairs as a security guarantee.
LEGAL CERTAINTY OF THE DEED OF GRANT OF RIGHTS TO INHERITANCE LAND RELATED TO ITS PREPARATION BY LAND DEED OFFICIALS WITHOUT THE CONSENT OF THE HEIR Wira Franciska; Nuryati Lestari; Felicitas Sri Marniati
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 5 No. 10 (2026): SEPTEMBER
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

A grant (grant) is a voluntary provision given without compensation while the grantor is still alive. In the context of undivided inherited land, the consent of all heirs is an absolute requirement because the property is jointly owned. However, in reality, grants of inherited land without such consent still occur frequently. This research specifically examines: (1) the legal consequences of a grant made without the heirs' consent, and (2) its legal certainty. The analysis employs R. Soeroso's theory of legal consequences and Jan M. Otto's theory of legal certainty. The research method used is normative juridical based on secondary data, consisting of primary, secondary, and tertiary legal materials. The approaches include statutory, case, analytical, and conceptual approaches. Data collection was conducted through the inventory of positive legal rules and literature, which were then analyzed using grammatical and systematic interpretations, as well as legal constructions in the form of analogy and legal refinement. The research results indicate that granting undivided inherited land without the heirs' consent leads to legal consequences in the form of cancellation by a court decision. This cancellation automatically nullifies the grant and the legal relationship between the grantor and the grantee, while simultaneously giving rise to sanctions for unlawful acts (tort). Meanwhile, legal certainty in resolving these cases is guaranteed through the Indonesian Civil Code as lex generalis and land regulations as lex specialis. The firm action of the District Court in canceling grants that violate these rules is a concrete manifestation of enforcing legal certainty.
LEGAL CERTAINTY OF LAND SALE AND PURCHASE AGREEMENTS REGARDING BREACH OF PERFORMANCE IN THE FAILURE TO DELIVERY THE OBJECT OF THE AGREEMENT BY THE SELLER Wira Franciska; Cindyretta Shanty; Felicitas Sri Marniati
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 6 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Discussion on the legal certainty of the land sale and purchase agreement related to the default of the object of the agreement by the seller. The method used in this study is a normative juridical research type, namely library legal research or secondary data with primary, secondary and tertiary legal sources . The results of the study show that the legal certainty of the PPJB related to the non-delivery of the object of the agreement by the seller lies in the guarantee that the buyer's rights that have been born based on the PPJB can be maintained and realized through legal mechanisms. The seller cannot unilaterally deny the agreed obligations because a valid PPJB has binding force as a law for the parties. PPJB provides legal certainty not solely because of the existence of an agreement document, but because the law provides a guarantee for the implementation of the contents of the agreement and provides clear consequences in the event of default.
Co-Authors Abdul Aziz Adhi Kurniawan Alim Sako Amelia Nur Widyanti Arief Faturohman Bagas Dika Anggiat Candra, Mardi Cindyretta Shanty Daniel Pangidoan Darasati Damarani Sudomo Dhani Rizki Bahari Dhody AR Widjajaatmadja Dhoni Martien Elida Marbun Emilya Tunggal Manuain Erny Kencanawati Faisal Faisal Felicitas Sri Marniati Felicitas Sri Marniati Gassanova Farah Diba Gatut Hendrotriwidodo Hedwig A. Mau Heri Yuristin Rivano Iis Riantika Intan Aulia Sari Iran Sahril Iran Sahril Siregar Jelly Nasseri Jemy Ronald Vito Joko Arisyanto Khoirul Anwar M. Bahrudin Marni Mustafa Muhamad Gilang Ramadhan Mandala Mulyadi Mulyadi Namira Nur Azzahra Nur Hakim Nuryati Lestari Popy Nurjanah Putra Hutomo Rizaldi Rizaldi Ryanto Sirait Sesar Gummara Sherly Bantu Tarida Sondang