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Hungan, Fani Clarais
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Law, Crime, Criminology & Criminal Justice

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PERLINDUNGAN HUKUM TERHADAP PARA PIHAK AKIBAT PEMBATALAN AKTA PPJB TANAH: STUDI DI KANTOR NOTARIS KOTA TANGERANG SELATAN Setiawan, Adam; Hungan, Fani Clarais
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.7139

Abstract

A Notary's practice is based on Law Number 2 of 2014 concerning the Position of Notary. A Notary is a public official authorized to create authentic deeds, one of which is the Deed of Sale and Purchase Binding Agreement (PPJB). The PPJB is a preliminary agreement that leads to the execution of a sale and purchase transaction. In practice, agreements do not always align with expectations and may need to be canceled. Article 1338 of the Civil Code states that agreements made by the parties act as laws that apply to those who create them. Therefore, further analysis is needed regarding the practice of canceling a PPJB agreement, as well as the legal protection and legal consequences for the parties involved in the cancellation of the PPJB deed at Notary Offices within the jurisdiction of South Tangerang City. This issue was analyzed using normative legal research methods. The findings show that Article 1338 of the Civil Code stipulates that agreements must be carried out in good faith. Based on this provision, any agreement by the parties to cancel a contract must be based on good faith, reflecting the mutual intention of the parties when the cancellation deed is made. Legal protection for both the seller and the buyer is outlined in the clauses of the Deed of Cancellation of the PPJB. Based on the content of the cancellation, all prior binding agreements in the original PPJB deed are nullified. The Deed of Cancellation of the PPJB serves as a binding law for the parties, adhering to the principle of good faith, and constitutes the legal consequence of the canceled PPJB due to the emergence of new provisions that must be agreed upon and implemented by the parties. Keywords: Legal Protection, Notary, Agreement, PPJB Agreement
PERLINDUNGAN HUKUM MASYARAKAT ADAT DALAM SENGKETA BATAS TANAH: EVALUASI IMPLEMENTASI PP NO. 24 TAHUN 1997 DI DESA LANGGUR Hungan, Kristi Maria; Hungan, Fani Clarais; Vidiasari, Devanti
Jurnal Ilmiah Advokasi Vol 14, No 1 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

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Land boundary disputes among indigenous communities frequently occur, particularly on unregistered land, leading to legal uncertainty. One such case arises in Langgur Village, Kei Kecil District, Southeast Maluku Regency, where land boundary conflicts involve the interaction between state law and customary law. This study aims to evaluate the implementation of Government Regulation No. 24 of 1997 on Land Registration in providing legal protection for indigenous communities, as well as to analyze the role of Larvul Ngabal customary law in resolving land boundary disputes in Langgur Village. The research employs an empirical socio-legal approach, with data collected through interviews, observations, and literature review. The findings reveal that legal protection for indigenous communities has not been fully effective, particularly in terms of land registration, which remains limited in practice. Legal protection mechanisms include both preventive and repressive measures; however, their implementation faces structural and cultural challenges. Meanwhile, Larvul Ngabal customary law plays a significant role in dispute resolution through mediation and consensus led by traditional authorities, which is more socially accepted within the community. This study highlights the gap between state law and customary law, emphasizing the need for an integrative approach that accommodates local values within the land registration system to ensure legal certainty and justice for indigenous communities.Keywords: Legal Protection, Indigenous Communities, Land Boundary Disputes, Customary Law, Land Registration
AKIBAT HUKUM KELALAIAN NOTARIS DALAM PEMBUATAN AKTA PPJB: ANALISIS PADA PROSES PERALIHAN HAK MILIK Andani, Tirta; Vidiasari, Devanti; Hungan, Fani Clarais
Jurnal Ilmiah Advokasi Vol 14, No 1 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i1.7114

Abstract

Notarial negligence in drafting a Sale and Purchase Binding Agreement (Perjanjian Pengikatan Jual Beli/PPJB) may lead to significant legal consequences, particularly in the process of transferring ownership rights that do not comply with legal requirements. This study aims to analyze the legal consequences of notarial negligence in the preparation of PPJB, with a case study of Court Decision No. 289/Pdt.G/2023/PN Jkt Brt. This research employs a normative juridical (doctrinal) method using statutory and case approaches, analyzed qualitatively based on applicable legal provisions and judicial reasoning. The findings indicate that the notary committed negligence by drafting a PPJB without a valid prior transfer of rights, which constitutes a violation of the Notary Office Law. Such action fails to fulfill the essential validity requirements of a contract, particularly regarding the certainty of the object. Consequently, the PPJB lacks legal validity and may result in legal uncertainty and potential losses for the parties involved. This study underscores the importance of the notary’s duty of care in exercising professional authority, as well as the need for stricter supervision to ensure legal certainty and protection in the transfer of ownership rights.Keywords: Notarial Negligence, PPJB, Legal Consequences, Transfer of Ownership Rights
Co-Authors Adam Setiawan, Adam Andani, Tirta Hungan, Kristi Maria Vidiasari, Devanti