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Tanggung Jawab PPAT Terhadap Pendaftaran Peralihan Hak Atas Tanah yang Menjadi Objek Sengketa Ditinjau dari PP Nomor 24 Tahun 2016 Iwan Chandra; Agus Salim; Belly Isnaeni
J-CEKI : Jurnal Cendekia Ilmiah Vol. 3 No. 5: Agustus 2024
Publisher : CV. ULIL ALBAB CORP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/jceki.v3i5.4770

Abstract

This study explains the legal consequences of registering the transfer of land rights with a PPAT deed that becomes the object of a dispute and the responsibilities of PPAT in the context of Government Regulation Number 24 of 2016 concerning the Position Regulation of the Land Deed Official. The research is conducted using a normative juridical approach with legislative, conceptual, and case approaches. A qualitative method is used to analyze data descriptively with authority theory, liability theory, and legal certainty theory. Problems arise when the registration of the transfer of land rights is recorded in the land book because the rights become the object of a dispute, resulting in the return of documents by the land office. There is no regulation regarding the responsibility of PPAT for the return of these documents. The legal consequence of registering the transfer of rights that become the object of a dispute is the rejection of the registration by the local land office, preventing registration or changes to land data during the blocking period. PPAT is personally responsible for the execution of their duties and positions in making deeds, as stipulated in Article 55 of the Head of BPN Regulation No. 1 of 2006, which states that "PPAT is personally responsible for the execution of their duties and positions in making each deed." Additionally, PPAT also has administrative and civil responsibilities.
Pemenuhan Hak Kepemilikan Penerima Fidusia Terhadap Pemberi Fidusia yang Melakukan Wanprestasi Berdasarkan Akta Jaminan Fidusia Andi Widjaja; Agus Salim; Belly Isnaeni
J-CEKI : Jurnal Cendekia Ilmiah Vol. 3 No. 5: Agustus 2024
Publisher : CV. ULIL ALBAB CORP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/jceki.v3i5.4831

Abstract

This research discusses the legal consequences of the fiduciary grantor's default in the Fiduciary Guarantee Deed and the fulfillment of the fiduciary recipient's rights. The study employs a normative juridical approach with legislative, conceptual, and case methods, as well as a descriptive qualitative approach. The research analyzes data based on the theory of legal certainty, the theory of dispute resolution, and the theory of agreements. The high interest in credit among the public has led to the creation of fiduciary agreements, which achieve legal certainty when the Fiduciary Guarantee Deed is signed before a Notary and registered with the Ministry of Law and Human Rights. However, questions arise regarding the rights of the fiduciary recipient if the Fiduciary Guarantee Deed is not registered. The deed stipulates that if the Debtor or Fiduciary Grantor defaults or is negligent and does not rectify the negligence or fulfill obligations after being given a written notice, such negligence is sufficient evidence of default. The Fiduciary Grantor's right to the Collateral Object ends. The fulfillment of the fiduciary recipient's rights over a defaulting fiduciary grantor can be achieved through agreed stages or by referring to the principal agreement.
Co-Authors Andi Widjaja Belly Isnaeni Iwan Chandra