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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.
Kepastian Hukum Atas Penerbitan Sertipikat Yang Berasal Dari Tanah Bekas Milik Adat Yang Datanya Dalam Letter C Diubah  Oleh  Kepala Desa   Pada Saat Menjabat Kamaludin; Anriz Nazaruddin Halim; Khoirul Anwar
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 7 (2026): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Juli 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i7.2806

Abstract

Discussion regarding legal certainty regarding the issuance of certificates originating from former customary land whose data in letter c was changed by the village head while in office. The method used in the research is a normative legal research type, namely library legal research or secondary data with primary, secondary and tertiary legal materials. The results of the research on legal certainty regarding the issuance of certificates originating from former customary land whose data in Letter C was changed by the village head while in office that the issuance of land title certificates originating from former customary land based on Letter C in principle depends on the validity of physical data and legal data which are the basis for the land registration process. Land title certificates are strong evidence regarding ownership of land rights, but the strength of their proof still depends on the validity of the issuance process, so if the issuance of certificates is based on unauthorized changes in village administrative data, then the certificate has the potential to cause disputes and can even be canceled through a court decision.
Kepastian Hukum  Sertifikat Hak Milik Atas Tanah melalui Pendaftaran Tanah Sistematis Lengkap (PTSL) Dikaitkan dengan Sengketa Tanah karena Terdapat Tumpang Tindih Agus Sugiono; Anriz Nazaruddin Halim; Iran Sahril
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 7 (2026): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Juli 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i7.2825

Abstract

The discussion on the legal certainty of land ownership certificates through complete systematic land registration (PTSL) is related to land disputes due to overlapping. 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. Research results The resolution of disputes over overlapping land title certificates from PTSL results can be achieved through non-litigation channels (mediation at the Land Office/BPN) or litigation (lawsuits at the PTUN or District Court). The main steps include checking the validity of the certificate, mediation, and if necessary, cancellation of one of the certificates proven to be administratively flawed. The existence of multiple certificates is a serious problem that directly impacts the legal certainty of land rights. Legal certainty of land rights through PTSL is related to land disputes due to overlapping aims to minimize disputes, but overlapping certificates still occur due to administrative errors, mapping, or inaccurate physical data. Settlement of this dispute requires mediation at the Land Office or a lawsuit to the State Administrative Court (PTUN) for cancellation of the duplicate certificate.
KEPASTIAN HUKUM AKTA KETERANGAN WARIS YANG DIBUAT DI HADAPAN NOTARIS DALAM SENGKETA ANTARA AHLI WARIS TERHADAP HARTA WARISAN Feri Evandani Saragih; Anriz Nazaruddin Halim; Zulfahmi Zulfahmi
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 8 (2026): SINERGI : Jurnal Riset Ilmiah, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i8.2942

Abstract

A notarial deed of inheritance is an authentic deed made by a notary to provide certainty regarding the status of heirs, the object of the decedent's estate, and the share to which each heir is entitled. Despite its status as an authentic deed, in practice it does not always prevent inheritance disputes from arising, as reflected in various court cases caused by heirs being excluded, disagreement over distribution, or material defects in its drafting. Based on this background, this study formulates two problems, namely how the evidentiary force of a notarial deed of inheritance is assessed in disputes among heirs over the decedent's estate, and how legal certainty of such a deed is achieved in the same disputes. This study employs Gustav Radbruch's theory of legal certainty as its grand theory, which asserts that law must contain the values of certainty, justice, and expediency, together with Sudikno Mertokumo theory of evidence as applied theory to analyze the deed's position among other forms of evidence at trial. This is a normative juridical research, specifically a library law research using primary, secondary, and tertiary legal sources, employing the statute approach, the conceptual approach, the case approach, and the analytical approach. Legal materials were collected through library research by identifying and taking an inventory of positive law, book literature, and journals, while the analysis was conducted using legal interpretation and legal construction applied to three case positions representing various types of inheritance-deed disputes before the District Court.The results show that the evidentiary force of the deed is strong at the external and formal levels as an authentic deed, but is not absolute at the material level, as it remains subject to examination of the deed's relevance to the disputed object and the legal validity of the party invoking it. Legal certainty of the deed can generally be achieved through clarity regarding the heirs, the estate object, and the basis for subsequent legal acts, yet such certainty remains strong but conditional. This study recommends that notaries conduct thorough verification of the composition of heirs and the existence of a will prior to drafting the deed, and that judges formulate decisions explicitly to maintain consistency and predictability of legal certainty for justice seekers