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All Journal Journal of Innovation Research and Knowledge Birokrasi: Jurnal Ilmu Hukum dan Tata Negara Jurnal Riset Ilmiah
Putra Hutomo
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Perlindungan Hukum Terhadap Notaris dari Pembuatan Akta Pernyataan Keputusan Rapat Terkait Notulen Rapat Umum Pemegang Saham Yang Dipalsukan Bambang Yudianto; Felicitas Sri Marniati; Putra Hutomo
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 3 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.583

Abstract

Pursuant to Article 16 Paragraph (1) Letter a of Law Number 2 of 2014 Concerning the Position of Notary Public which emphasizes the obligation of a notary to act in a trustworthy, honest, thorough, independent, impartial and safeguarding the interests of the parties involved in legal actions, however in practice sometimes it is used by appearers by falsifying the minutes of the GMS so that the notary becomes the suspected perpetrator of a crime. The formulation of the problem in this study is what are the legal consequences of the deed of meeting decision statements related to the falsified GMS minutes. The method used in this research is normative juridical research in the form of library law materials or secondary data with sources of primary, secondary and tertiary legal materials. The research approach used is statutory, conceptual, analytical and case approaches as well as legal material analysis techniques carried out with systematic and grammatical legal interpretations. The results of the study show that the legal consequences of the deed of meeting decision regarding the falsified GMS minutes resulted in the deed becoming null and void and the aggrieved parties had to file a civil suit to the court to cancel the deed. In this case the notary cannot be held criminally responsible if a loss arises for one of the parties, because the deed is a partij acte which is entirely based on the statements and statements of the parties which are already in draft form, the notary only writes it into an authentic deed, so the minutes of the GMS are falsified be the responsibility of the appearers.
PERLINDUNGAN HUKUM PEMBELI ATAS JUAL BELI TANAH YANG TIDAK DISERTAI AKTA PPAT TERKAIT BALIK NAMA SERTIPIKAT Handoko, Mukhlas; Putra Hutomo; Yagus Suyadi
Journal of Innovation Research and Knowledge Vol. 5 No. 7 (2025): Desember 2025
Publisher : Bajang Institute

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Abstract

Land sale and purchase transactions conducted without a Land Deed Official’s Sale and Purchase Deed (PPAT Deed) can give rise to legal issues when registering the transfer of land title, as such transfer requires the PPAT Deed as a formal prerequisite. The research problems are: (1) What are the legal consequences of land sale and purchase transactions conducted without a PPAT Deed; and (2) What regulations provide legal protection to buyers in such transactions in relation to the registration of land title transfers. The theories applied are Satjipto Rahardjo’s theory of legal protection and R. Subekti’s theory of legal consequences. This study employs a normative juridical research method, namely legal research based on library studies or secondary data, consisting of primary, secondary, and tertiary legal sources. The research approach includes statutory, case, analytical, and conceptual approaches. Legal materials were collected by identifying and inventorying positive legal rules, books, journals, and other legal references. The analysis was conducted using grammatical interpretation, systematic interpretation, and the methods of analogy construction and legal refinement. The findings show that the legal consequence of a land sale and purchase conducted without a PPAT Sale and Purchase Deed remains valid under civil law insofar as it fulfills the validity requirements of agreements under the Indonesian Civil Code; however, such transactions do not result in a juridical and administrative transfer of land rights. Under the applicable legal framework, buyers must first submit an application to the court for the issuance of a PPAT Deed in order to obtain legal protection for the validity of the transaction, thereby granting authority to the PPAT to formally execute the deed.
Co-Authors Aldo Pratama Amry Anindito, Adhitya Arief Wibisono Asty Lestari Pratama Putri Bambang Yudianto Felicitas Sri Marniati Handoko, Mukhlas Hedwig Adianto Mau Igor Renjana Purwadi Maryano, Maryano Novena, Elisabeth Noviana Indah Permata Fani Setiadi Pandi Septiawan Rasheldy Putri Adiwinata Shanti Puruhita Taqiyuddin Kadir Wira Franciska Yagus Suyadi Yuhelson Yuhelson Yuliana Setiadi Yuskar Rakhmatika