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Legal Power of Proof of Auction Minutes Deed in Electronic Implementation Maskanah, Ummi; Nurhasanah, Siti; Avshary, Muhammad Akhmal
Golden Ratio of Data in Summary Vol. 5 No. 1 (2025): November - January
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i1.905

Abstract

Auction is basically an act of buying and selling, where there are elements of price and goods, the difference is that the auction requires the presence of an auction official, with the stipulation of PMK 122/2023 concerning the implementation of electronic auctions, the auction can be carried out without the presence of an auction official, with the absence of the auction official contradicting the validity and strength of the auction minutes deed which still creates doubts for the auction winner in the implementation of the electronic auction. This study uses normative legal research that analyzes applicable laws and regulations and is applied in certain legal problems by analyzing laws and regulations relating to legal protection and electronic auctions, the results of the study obtained are the validity and legal force of the auction minutes deed can still be accepted as an authentic deed because it can be accounted for and the truth of the authentic deed by the auction official without deviating from the provisions of applicable laws and regulations.
Legal Power of Proof of Auction Minutes Deed in Electronic Implementation Maskanah, Ummi; Nurhasanah, Siti; Avshary, Muhammad Akhmal
Golden Ratio of Data in Summary Vol. 5 No. 1 (2025): November - January
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i1.905

Abstract

Auction is basically an act of buying and selling, where there are elements of price and goods, the difference is that the auction requires the presence of an auction official, with the stipulation of PMK 122/2023 concerning the implementation of electronic auctions, the auction can be carried out without the presence of an auction official, with the absence of the auction official contradicting the validity and strength of the auction minutes deed which still creates doubts for the auction winner in the implementation of the electronic auction. This study uses normative legal research that analyzes applicable laws and regulations and is applied in certain legal problems by analyzing laws and regulations relating to legal protection and electronic auctions, the results of the study obtained are the validity and legal force of the auction minutes deed can still be accepted as an authentic deed because it can be accounted for and the truth of the authentic deed by the auction official without deviating from the provisions of applicable laws and regulations.
Legal Accountability of Land Deed Officials for Issuing Land Transfer Deeds Using Fraudulent Modus Operandi Aslan, Aslan Noor; Wiguna, Ervan; Avshary, Muhammad Akhmal; Nurlianda, Vina; Lukman, Gilza Azzahra; Joserando, Jodi Jordan; Fuazi, Afif
International Journal of Management, Entrepreneurship, Social Science and Humanities Vol. 9 No. 2 (2025): July - December Volume
Publisher : Research Synergy Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31098/ijmesh.v9i2.3625

Abstract

The Land Deed Official (PPAT) plays a crucial role in ensuring the validity of land rights transfers by issuing authentic deeds. However, in practice, this authority can be abused through fraudulent modus operandi that employ such deeds as instruments of criminal acts, as illustrated by the land mafia case involving Mbah Tupon. The legal issues that arise include the juridical accountability of PPATs involved in issuing land transfer deeds through fraudulent modus operandi, as well as the effectiveness of supervisory and guidance mechanisms in preventing similar practices. This study aims to analyse the forms of PPAT accountability from the perspectives of civil, criminal, and administrative law, as well as to examine the ideal models of supervision and guidance for preventing land mafia practices. The research method employed is normative juridical with statutory, conceptual, and case study approaches, linking land law norms with the professional ethics of PPATs. The results of the study indicate that PPATs involved in fraudulent modus operandi may be held cumulatively liable under all three legal regimes. However, weaknesses in internal supervision systems and the lack of strict administrative sanctions remain loopholes that allow such violations to occur. Reforming supervision policies, strengthening the role of the PPAT Supervisory Council, and digitising the deed-making process are strategic measures to prevent abuse of authority and provide effective legal protection for landowners.