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All Journal Ranah Research : Journal of Multidisciplinary Research and Development
Gunawan Djajaputra
Master of Notarial Law, Tarumanagara University, Jakarta, Indonesia
Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Transportation Other

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Kepastian Hukum Perjanjian Perkawinan Secara Otentik Yang Tidak Di daftarkan Oleh Notaris Addinur Addinur; Gunawan Djajaputra
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 2 (2025): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i2.1307

Abstract

This research examines the legal certainty of marriage agreements depending on the form and process of making them. Based on Article 15 paragraph (1) of the Notary Law, an authentic deed made before a notary has higher legal force than a private deed. An authentic agreement remains binding on the parties in accordance with Article 1320 of the Civil Code, but without registration at the marriage registration office, the agreement only applies privately and does not bind third parties. The provisions in Article 29 paragraph (1) of the Marriage Law and Article 22 of PMA Number 20 of 2019 emphasize the importance of registration agreements for formal validity which protects against third party claims. However, the problems that arose due to the Constitutional Court's lack of clarity regarding the obligation to authenticate documents created permission for implementation. Minister of Home Affairs Regulation Number 108 of 2019 and PMA Number 20 of 2019 require that marriage agreements be authentic, but this discrepancy often hampers the legal validity of private parties. Authentic deeds provide stronger protection by ensuring the parties' consent and reducing legal preservation risks. Therefore, the presence of a notary in making and registering marriage agreements is important to ensure legal certainty and protect the rights of couples.
Kepastian Hukum Kedudukan Akta Jual Beli (AJB) Sebagai Dasar Gugatan Friko Rumadanu; Gunawan Djajaputra
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 2 (2025): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i2.1309

Abstract

The Sale and Purchase Deed (AJB) is an important document in property sale and purchase transactions, especially land and buildings, which serves as legal evidence of the transfer of ownership rights from the seller to the buyer. As an authentic deed made by a Land Deed Official (PPAT), AJB has higher legal force compared to private deeds, thus providing stronger legal protection for both parties. The AJB creation process involves thorough verification of various required documents, such as land certificates, proof of tax payment, and identity documents, to ensure that the transactions carried out are legally valid. PPAT plays an important role in checking the validity of land, both in terms of legality and legal status, in order to avoid potential disputes in the future. After the AJB is ratified, this document becomes the basis for submitting an application to change the name of the owner on the land certificate at the National Land Agency (BPN). This process ensures that the data recorded on the certificate corresponds to legal reality, recognizing the buyer as the legal owner of the property. AJB also functions as legal evidence if there is a dispute regarding ownership, for example, a claim by a third party claiming to be the owner or if there is an error in the transaction process. In this case, AJB can be used to prove that the transfer of ownership rights has been carried out in accordance with applicable regulations. As an authentic document, the AJB is an important first step in ensuring the legality of property ownership and protecting the buyer's rights from potential legal problems in the future. Verification carried out by PPAT and the use of AJB in the land certificate transfer process provide legal certainty and reduce the risk of disputes related to the property purchased.
Co-Authors Addinur Addinur Friko Rumadanu