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TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH SEMENTARA (PPATS) AKIBAT KELALAIAN DALAM PEMBUATAN AKTA JUAL BELI TANAH ATAS PERALIHAN HAK ATAS TANAH. Saputra, Salim; Franciska, Wira; Widyanti, Amelia Nur
SENTRI: Jurnal Riset Ilmiah Vol. 3 No. 3 (2024): SENTRI : Jurnal Riset Ilmiah, Maret 2024
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v3i3.2454

Abstract

Negligence in making a sale and purchase deed carried out by the sub-district head as a temporary PPAT will give rise to legal consequences. Thesis research aims to analyze the legal consequences of the Land Sale and Purchase Deed due to the negligence of the Temporary Land Deed Official (PPATS) regarding the transfer of land rights. As well as the responsibility of the Temporary Land Deed Making Officer (PPATS) for negligence in making a land sale and purchase deed for the transfer of land rights. The theory used in this writing uses the theory of legal consequences and the theory of responsibility. The method used is a normative juridical research method by examining library materials or secondary data. How to approach legislation (Statute Approach), Case Approach (Case Approach), and Analytical Approach (Analytical Approach). Sources of legal materials consist of primary, secondary and tertiary legal materials. As well as legal interpretation techniques known in legal science, including Grammatical Interpretation, interpretation based on grammar or linguistics (de gramatikale of taalkundige interpretatie) and Systematic Interpretation, namely research on legal systematics that can be carried out in legislation. From the research results, it was concluded that the legal consequences of the Land Sale and Purchase Deed due to the negligence of the Temporary Land Deed Official (PPATS) regarding the transfer of land rights resulted in the deed being null and void. Such cancellation may cause material and/or immaterial losses to the parties concerned. The responsibility of the Official Making the Temporary Land Deed (PPATS) for negligence in making the Land Sale and Purchase Deed for the transfer of land rights requires individual responsibility and legal responsibility. Legal responsibility takes the form of civil and administrative responsibility. The suggestions from this thesis are that it is hoped that the National Land Agency should further improve its formal and informal guidance to Temporary PPATs. It is best for the Land Deed Making Officer or Temporary Land Deed Making Official to make a land sale and purchase deed to be thorough, careful and careful.
KEPASTIAN HUKUM JUAL BELI DAN PENDAFTARAN TANAH YANG DILAKUKAN TANPA AKTA PEJABAT PEMBUAT AKTA TANAH (PPAT) Lazuardi, Lazuardi; Widyanti, Amelia Nur; Syakura, Furcony Putri
SINERGI : Jurnal Riset Ilmiah Vol. 1 No. 12 (2024): SINERGI : Jurnal Riset Ilmiah, Desember 2024
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/3jkye337

Abstract

The practice of under-the-table land transactions without involving a Notary Public (PPAT) is still prevalent in society. The absence of an authentic deed as legal proof of the transfer of land rights raises a number of legal issues. This study aims to examine the legal status of land transactions without a PPAT deed and its implications for legal certainty in land registration. The research questions are: What is the legal status of land transactions without a PPAT deed and What is the legal certainty of land transactions and registration that are not carried out without a PPAT deed The theories used in this research are the Theory of Legal Certainty according to Jan Michiel Otto and the Theory of Land Registration according to Boedi Harsono. The methodd used in this research is normative juridical research, specifically a library law research or secondary data with primary, secondary and tertiary legal sources. As for the research approached used combines statutory, conceptual, analytical, and case-based approaches. The method of collecting the legal materials are carried out by identifying and taking an inventory of positive laws, journals, and other legal sources. The method used in analyzing legal materials (interpretation), encompassing grammatical, systematic, analogical, refining, argumentum a contrario, and legal construction methods. From the research results, it can be concluded that land transactions conducted without a deed authenticated by a Notary Public (PPAT) have the potential to lead to various legal problems, including difficulties in land registration and the risk of ownership disputes. Based on these findings, the research provides policy recommendations to enhance legal certainty in land transactions, such as expanding access to PPAT services and simplifying registration procedures. Thus, it is expected that a more transparent, accountable, and legally protective land registration system can be established for all parties involved in land transactions