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All Journal Jurnal Ilmu Hukum KYADIREN Journal of Law, Poliitic and Humanities
Sihombing, B. F.
Unknown Affiliation
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Does The Validity of a Sale and Purchase Deed Persist When Underlying Debt Is Concealed? Pranata, Kimas; Samosir, Tetti; Sihombing, B. F.
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.288

Abstract

This study is motivated by the widespread practice of transferring land rights through deeds of sale and purchase that, in substance, are essentially based on debt obligations. The research aims to analyze the nature and characteristics of unlawful acts (PMH) as defined in Article 1365 of the Civil Code, examine the validity of simulative land sale and purchase deeds, and assess the legal responsibility of the Land Deed Officials (PPAT) in transactions that do not reflect the true intent of the parties involved. Employing a normative legal methodology with statutory, jurisprudential, and doctrinal approaches, the study finds that the elements of unlawful acts are met, and while the deeds of sale and purchase are formally valid, they are materially defective. Furthermore, PPATs have been found negligent in fulfilling their duty to verify the parties’ genuine intentions. The study concludes that regulatory reforms and heightened diligence by PPATs are essential to ensure substantive justice in land transactions.
Does The Validity of a Sale and Purchase Deed Persist When Underlying Debt Is Concealed? Pranata, Kimas; Samosir, Tetti; Sihombing, B. F.
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.288

Abstract

This study is motivated by the widespread practice of transferring land rights through deeds of sale and purchase that, in substance, are essentially based on debt obligations. The research aims to analyze the nature and characteristics of unlawful acts (PMH) as defined in Article 1365 of the Civil Code, examine the validity of simulative land sale and purchase deeds, and assess the legal responsibility of the Land Deed Officials (PPAT) in transactions that do not reflect the true intent of the parties involved. Employing a normative legal methodology with statutory, jurisprudential, and doctrinal approaches, the study finds that the elements of unlawful acts are met, and while the deeds of sale and purchase are formally valid, they are materially defective. Furthermore, PPATs have been found negligent in fulfilling their duty to verify the parties’ genuine intentions. The study concludes that regulatory reforms and heightened diligence by PPATs are essential to ensure substantive justice in land transactions.
Legal Implications and Responsibilities of Notaries for Forgery of Sale and Purchase Agreement Deeds by Notaries Samosir, Tetti; Sihombing, B. F.; Listina, Novia
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3136

Abstract

This study examines the legal implications and liability of a Notary for the forgery of a Sale and Purchase Agreement Deed that occurred due to the Notary's negligence in carrying out his/her obligations. The research method used is normative juridical with a statutory approach and a case approach, based on the theory of legal certainty and the theory of legal responsibility. The results of the study indicate that the Notary's negligence in verifying the identity of the parties and the authenticity of the document resulted in the deed losing its authenticity based on Article 1868 of the Civil Code and can be declared null and void (nietig van rechtswege) based on Article 1320 of the Civil Code. The Notary's liability is multidimensional, including criminal liability based on Articles 263 and 264 of the Criminal Code, civil liability based on Article 1365 of the Civil Code, and administrative liability through the Notary Supervisory Board mechanism, as reflected in the Denpasar District Court Decision Number 89/PID.B/2020/PN DPS. The Notary's professionalism and thorough attitude are the main foundations in realizing legal certainty for the community.
Co-Authors Listina, Novia Pranata, Kimas Samosir, Tetti