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Responsibility Of Land Deed Officials In Preparing Sale Deeds Who Are Proven To Commit Crimes With Land Mafia Tody Adi Pratama; Anriz Nazaruddin Halim; Khoirul Anwar
Journal of Innovative and Creativity Vol. 5 No. 3 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i3.6078

Abstract

The study purpose was to analyze the legal consequences arising from a deed of sale and purchase made by a Land Deed Making Officer (Pejabat Pembuat Akta Tanah/PPAT) who is proven to have committed a criminal act in collaboration with the land mafia, as well as to examine the scope of legal responsibility borne by the PPAT for such actions. This study highlights that errors committed by a PPAT, whether intentional or due to negligence, may contain criminal elements, particularly in cases involving falsified documents or the inclusion of false information in an authentic deed. The discussion is grounded in the theory of legal consequences proposed by Soeroso and the theory of legal responsibility developed by Hans Kelsen, which emphasize the linkage between unlawful acts and legal accountability. Materials and methods. This research employs a normative legal research method with a library research approach, relying on secondary data sources. The legal materials consist of primary legal materials in the form of legislation and court decisions, secondary legal materials including legal doctrines, books, and scholarly journals, as well as tertiary legal materials. The approaches used in this study include the statutory approach, the case approach, and the analytical approach. Data collection was conducted through identification and inventory of relevant legal norms and authoritative legal literature. Results. The findings indicate that a PPAT who is proven to have committed a criminal act in the performance of official duties may be subject to administrative sanctions imposed by the Minister, ranging from temporary suspension to honorable or dishonorable dismissal. In addition, the PPAT may incur criminal liability under Article 266 of the Indonesian Criminal Code due to the presence of malicious intent manifested in false statements within an authentic deed. Conclusions. The involvement of a PPAT in land mafia practices results in serious administrative and criminal consequences and undermines legal certainty in land administration, thereby necessitating strict professional integrity and compliance with applicable laws.
Tanggung Jawab dan Akibat Hukum Notaris dalam Pembuatan Perjanjian Pengikatan Jual Beli Tanah dan Bangunan Berkaitan dengan Adanya Pemalsuan Dokumen Wahyu Indarko; Anriz Nazaruddin Halim; Holilur Rohman
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 4 (2026): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, April 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i4.2489

Abstract

Discussion on the responsibility and legal consequences of a notary in making a land and building sale and purchase agreement related to document falsification. The method used in this study is a normative legal research type, namely library legal research or secondary data with primary, secondary and tertiary legal sources. The results of the study on the responsibility of a notary in making a land and building sale and purchase agreement related to document falsification show that the application of the law in the decision is in accordance with Law Number 30 of 2004 which stipulates that if a notary in carrying out his duties and positions is proven to have committed a violation, the notary can be subject to or given sanctions in the form of criminal sanctions, civil sanctions and administrative sanctions. Notaries are often also drawn as parties who participate in or assist in committing a crime, namely making, ordering to enter or providing false information into a notarial deed.