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All Journal Jurnal Ilmu Kenotariatan
Patricia Audrey Ruslijanto
Brawijaya University
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Accountability of Temporary Land Deed Official Not Included as Defendants in Deed Revocation Rulings: Study of Verdict Number 601/Pdt.G/2020/Pa.Tnk. Nilna Firkhana Soraya; Sukarmi; Patricia Audrey Ruslijanto
Jurnal Ilmu Kenotariatan Vol. 6 No. 1: May 2025
Publisher : Faculty of Law, University of Jember, Indonesia

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Abstract

This study examines the role of the Temporary Land Deed Official (PPATS) in the issuance of legally defective deeds. The case, as adjudicated in Verdict Number 601/Pdt.G/2020/PA.Tnk, indicates that the PPATS was neither designated as a Co-Defendant nor held materially liable to the disputing parties. In the court's consideration, the judge reasoned that the PPATS was not directly implicated in the case since the Grant Deed (Akta Hibah) was not annulled, but rather the "grant" itself. Nevertheless, the judge ruled that the Grant Deed was legally defective, lacked binding legal force, and was declared null and void by operation of law. Consequently, the verdict contains a formal defect (plurium litis consortium) due to the absence of a complete set of necessary parties in the lawsuit, which, in principle, should have resulted in the dismissal of the case. This study addresses two main issues: (1) the legal consequences of a Grant Deed that is null and void by operation of law, and (2) the actions that the PPATS can take to maintain their integrity and professional accountability in the event of such a declaration. This research employs a normative legal approach, utilizing the theory of legal responsibility as its analytical framework.
Urgency of Regulating the Registration of Land Rights For Former Foreign/Chinese Assets Lucy Erdika; Patricia Audrey Ruslijanto; Supriyadi
Jurnal Ilmu Kenotariatan Vol. 6 No. 1: May 2025
Publisher : Faculty of Law, University of Jember, Indonesia

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Abstract

The issue of legal certainty of land rights can be traced back to the history of the birth of the Indonesian nation, which is known to have had several periods of population settlement in its development. One of these issues is the Assets of Chinese Foreigners. It is known that the government has determined that Former Foreign/Chinese Assets has existed since 1957 and is a reaction to the emergency situation at that time. Normatively, the regulation of Former Foreign/Chinese Assets settlement refers to the Regulation of the Minister of Finance Number 62/PMK.06/2020 concerning the Settlement of Former Foreign/Chinese Assets. In this legal principle, there are four methods of settling Former Foreign/Chinese Assets, including being determined as assets of government agencies, being released with payment of compensation to the state, being returned to the legitimate party, and being declared completed under certain circumstances. In fact, the continuation of Former Foreign/Chinese Assets to this day is still a polemic in society. Moreover, it is known that in the settlement of Former Foreign/Chinese Assets assets there is a phenomenon of lawsuits between the state and its people. Of course, this is something strange, especially since the object of the lawsuit is a land title certificate which is in fact the result of a legal product from the state itself. So it requires further study regarding the obstacles and obstacles to completing Former Foreign/Chinese Assets.
Co-Authors Lucy Erdika Nilna Firkhana Soraya Sukarmi Supriyadi