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PERLINDUNGAN HUKUM BAGI AHLI WARIS YANG TIDAK TERCANTUM DALAM AKTA KETERANGAN HAK WARIS YANG DIBUAT OLEH NOTARIS Renaldo Putrokoesoemo; Mardi Candra; Felicitas Sri Marniati
Journal of Innovation Research and Knowledge Vol. 5 No. 11 (2026): April 2026
Publisher : Bajang Institute

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Inheritance occurs as a result of death. With the existence of a decedent, heirs and inherited property arise. A notary, as a public official, is authorized to draw up a Certificate of Inheritance Rights, which determines the heirs entitled to receive the inheritance and the respective portions they are entitled to. A phenomenon that occurs in society is the exclusion of an heir’s name from the Certificate of Inheritance Rights. The formulation of the problems in this research is as follows: (1) What is the legal responsibility of a Notary who prepares a Certificate of Inheritance Rights without including the name of one of the heirs? and (2) What legal protection is available for an heir whose name is not included in the Certificate of Inheritance Rights prepared by a Notary? The theories applied in this research are the Theory of Legal Responsibility according to Hans Kelsen and the Theory of Legal Protection according to Satjipto Rahardjo. The research method used is normative juridical research, namely legal research based on library materials or secondary data, consisting of primary, secondary, and tertiary legal materials. The research approaches employed include the statutory approach, case approach, analytical approach, and conceptual approach. The collection of legal materials is carried out by identifying and inventorying positive legal norms, book literature, journals, and other legal sources. The analysis of legal materials is conducted through legal interpretation, namely grammatical interpretation and systematic interpretation, as well as methods of legal construction, including analogical construction and legal refinement. The findings of this research indicate that the Notary’s responsibility depends on the presence or absence of fault in carrying out official duties. If the omission arises from the Notary’s lack of diligence in verifying heir data, the Notary may be held legally liable. However, if the deed is drawn up based on the statements of the appearing parties and the Notary has properly fulfilled all formal procedures, then the legal responsibility may not be imposed on the Notary. Legal protection for an heir whose name is not included may be pursued through civil legal remedies to affirm their rights, as well as through correction or annulment of the defective deed.

PERLINDUNGAN HUKUM BAGI PEMBELI TERKAIT AKTA PERJANJIAN PENGIKATAN JUAL BELI YANG OBJEKNYA TIDAK DILAKUKAN PENGECEKAN KEPEMILIKANNYA OLEH NOTARIS Mulyadi; Azmi Ansyari; Felicitas Sri Marniati; Mulyadi Mulyadi
Journal of Innovation Research and Knowledge Vol. 5 No. 11 (2026): April 2026
Publisher : Bajang Institute

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The increasing number of land and building transactions has led to the frequent use of Sale and Purchase Binding Agreements (PPJB) prior to the execution of a formal deed of sale and purchase. However, in practice, such agreements are often drawn up without prior verification of land ownership by the notary. This situation creates a risk of legal disputes and potential losses for good-faith buyers if the land is later found to be under dispute or encumbered with third-party rights. The research problems addressed in this study are: how the legal liability of a notary arises in relation to a Sale and Purchase Binding Agreement drawn up without prior verification of ownership, and how legal protection can be afforded to buyers in connection with such agreements, analyzed through the theory of legal protection as proposed by Satjipto Rahardjo and the theory of liability as articulated by Hans Kelsen. The method used in this research is normative juridical research, namely legal research based on library materials or secondary data, consisting of primary, secondary, and tertiary legal materials. The research approaches employed include the statutory approach, case approach, analytical approach, and conceptual approach. The collection of legal materials is carried out by identifying and inventorying positive legal norms, book literature, journals, and other legal sources. The analysis of legal materials is conducted through legal interpretation, namely grammatical interpretation and systematic interpretation, as well as methods of legal construction, including analogical construction and legal refinement. The findings indicate that the execution of a PPJB without prior verification of land ownership constitutes a violation of the prudential principle that must be observed by notaries in performing their official duties. In such circumstances, notaries may be held legally liable under civil, administrative, and professional ethical frameworks if their negligence causes losses to the buyer. Furthermore, good-faith buyers remain entitled to legal protection through civil remedies, including claims for damages, annulment or degradation of the evidentiary value of the deed, and legal actions against responsible parties.

TANGGUNGJAWAB DAN AKIBAT HUKUM BAGI PEJABAT PEMBUAT AKTA TANAH TERKAIT PENYALAHGUNAAN BIAYA TITIPAN PEMBAYARAN PAJAK PERSEROAN TERBATAS DALAM JUAL BELI HAK ATAS TANAH Shabrina Harahap; Felicitas Sri Marniati; Nur Hakim
Journal of Innovation Research and Knowledge Vol. 5 No. 11 (2026): April 2026
Publisher : Bajang Institute

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The misuse of tax escrow funds by a Land Deed Official (PPAT) in transactions involving the transfer of land rights gives rise to legal issues, particularly when such funds belong to a limited liability company. This practice constitutes the use of funds for purposes other than those for which they were intended and results in financial losses to the limited liability company. The issues examined in this study concern the legal consequences faced by a PPAT who misuses escrow funds designated for the payment of taxes of a limited liability company in a land rights transfer transaction, as well as the legal liability of a PPAT who engages in such misuse of escrow funds. The theoretical framework employed in this research is Hans Kelsen’s Theory of Legal Responsibility and Soeroso’s Theory of Legal Consequences. The research method used is normative juridical research, namely legal research based on library materials or secondary data, consisting of primary, secondary, and tertiary legal materials. The research approaches employed include the statutory approach, case approach, analytical approach, and conceptual approach. The collection of legal materials is carried out by identifying and inventorying positive legal norms, book literature, journals, and other legal sources. The analysis of legal materials is conducted through legal interpretation, namely grammatical interpretation and systematic interpretation, as well as methods of legal construction, including analogical construction and legal refinement. The research findings indicate that the misappropriation of entrusted tax funds by a Land Deed Official (PPAT) gives rise to legal liability. In particular, civil liability arises from the contractual relationship between the Limited Liability Company and the PPAT in relation to the deposit of tax funds, as grounded in Article 1338 paragraph (1) of the Indonesian Civil Code. Accordingly, the PPAT’s misuse of such funds constitutes an unlawful act pursuant to Article 1365 of the Indonesian Civil Code, thereby obliging the PPAT to compensate the Limited Liability Company for its losses in accordance with Article 1243 of the Indonesian Civil Code.

TANGGUNG JAWAB NOTARIS ATAS AKTA DIBAWAH TANGAN YANG DILEGALISASI SEBAGAI ALAT BUKTI DI PENGADILAN Mario Sembiring Meliala; Felicitas Sri Marniati; Putra Hutomo
Journal of Innovation Research and Knowledge Vol. 5 No. 11 (2026): April 2026
Publisher : Bajang Institute

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In proving a privately drawn deed in Court, one of the judge's duties is to investigate the truth of a legal relationship that is the basis of a lawsuit. A privately drawn deed legalized by a notary, as long as it is not denied or disputed by the parties, has the same legal force as an authentic deed. The problems in this study are how is the position of a privately drawn deed legalized by a Notary as court evidence, and the Notary's liability for a privately drawn deed legalized as court evidence. The theories used are the theory of proof according to H. Riduan Syahrani and the theory of legal liability according to Hans Kelsen. The method used in this research is a normative juridical research type, namely library research or secondary data with primary, secondary, and tertiary legal material sources. With the Legislation approach, Case Approach Analytical Approach, Conceptual Approach and Legal material collection techniques are carried out by identifying and inventorying positive legal regulations, book literature, journals and other legal material sources. For analysis techniques with grammatical interpretation, systematic interpretation, Analogy Construction and Legal Refinement Construction. This study examines the legal implications of claims based on privately executed deeds that have been legalized by a notary. As long as the privately executed deed is not denied or disputed by the parties, it possesses evidentiary value equivalent to that of an authentic deed. However, if the authenticity of the signatures contained in the privately executed deed is contested, the validity of the deed must be proven through other means of evidence, such as witness testimony, presumptions, and admissions. Furthermore, this research analyzes the notary’s responsibility in relation to the legalization of privately executed deeds. The notary’s responsibility is limited to providing certainty regarding the authenticity of the signatures and the date of execution. Legalization by a notary ensures that the signatures affixed to the deed genuinely belong to the parties to the agreement and not to any other person, as well as providing certainty as to the date on which the deed was signed.

PERLINDUNGAN HUKUM BAGI PEMEGANG SAHAM TERKAIT SENGKETA PENGUASAAN TANAH OLEH PERUSAHAAN Rika Sandra Vika Wati; Felicitas Sri Marniati; Taqiyuddin Kadir
Journal of Innovation Research and Knowledge Vol. 5 No. 5 (2025): Oktober 2025
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53625/jirk.v5i5.11456

The issue addressed in this study focuses on the control of land by a company and its implications for the protection of shareholders’ rights, as reflected in Decision No. 154/Pdt.G/2023/PN Smg, Decision No. 100/Pdt.G/2024/PN Lbp, and Decision No. 123/Pdt.G/2021/PN Smg. The research problems formulated in this study are: (1) How is the dispute between shareholders and the company regarding the control of shareholders’ land resolved? and (2) How is legal protection provided for shareholders in relation to land control by the company? The theories employed in this study are the Theory of Legal Protection by Satjipto Rahardjo and the Theory of Dispute Resolution by Dean G. Pruitt and Jeffrey Z. Rubin. This research adopts a normative juridical approach, which is a legal study based on literature or secondary data, utilizing primary, secondary, and tertiary legal materials. The research employs several approaches, namely the statutory approach, case approach, analytical approach, and conceptual approach. Legal materials were collected through the identification and inventory of positive legal rules, literature, books, journals, and other legal sources. The analysis of legal materials was conducted using legal interpretation—specifically grammatical and systematic interpretation—and legal construction methods, including analogy construction and the refinement of law (rechtsverfijning). The findings reveal that legal protection for shareholders in the context of corporate land control continues to face obstacles, both in terms of regulation and implementation. Although, in normative terms, company law clearly separates corporate assets from the personal property of shareholders, practical realities indicate that abuse of authority by management or majority shareholders still occurs frequently

PERLINDUNGAN HUKUM BAGI PEMBELI ATAS PERALIHAN HAK ATAS TANAH TERKAIT UANG TITIPAN BPHTB YANG TIDAK DIBAYARKAN OLEH PPAT Khalimi; Teguh Onoh; Felicitas Sri Marniati; Khalimi Khalimi
Journal of Innovation Research and Knowledge Vol. 5 No. 5 (2025): Oktober 2025
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53625/jirk.v5i5.11457

Although the BPHTB (Bea Perolehan Hak atas Tanah dan Bangunan) collection system adheres to the self-assessment mechanism, in which taxpayers calculate and pay their own tax obligations, the Land Deed Official (Pejabat Pembuat Akta Tanah or PPAT) bears the responsibility to ensure that the BPHTB has been fully paid before the deed of transfer of rights is signed. In practice, however, there are cases in which the PPAT fails to remit the BPHTB funds entrusted to them. The research questions in this study are: (1) What is the legal liability of the PPAT for the use of BPHTB entrusted funds that are not paid? and (2) What legal protection is available to the buyer in relation to BPHTB entrusted funds that are not paid by the PPAT? The theories employed in this research are the Theory of Legal Protection as formulated by Satjipto Rahardjo and the Theory of Responsibility as formulated by Hans Kelsen. This study employs a normative juridical method, namely legal research based on literature or secondary data, utilizing primary, secondary, and tertiary legal materials. The research applies several approaches: the statutory approach, case approach, analytical approach, and conceptual approach. Legal materials were collected through the identification and inventory of positive legal rules, books, journals, and other legal sources. The analysis of legal materials was conducted through legal interpretation, specifically grammatical and systematic interpretation, as well as legal construction methods, including analogy construction and the refinement of law (rechtsverfijning). The findings of this research indicate that the legal liability of the PPAT for the use of BPHTB entrusted funds that are not paid encompasses administrative, civil, and criminal aspects. The PPAT is obliged to remit the BPHTB in a timely manner as a prerequisite for the registration of the transfer of land rights, with negligence potentially resulting in administrative sanctions up to dismissal from office, civil liability for damages under Article 1365 or 1239 of the Indonesian Civil Code, and criminal liability for embezzlement or forgery under Articles 372 and 263 of the Indonesian Penal Code. Legal protection for the buyer in such cases includes a statutory interpretation that prioritizes the certainty of rights

PERLINDUNGAN HUKUM PIHAK PENJUAL DALAM AKTA JUAL BELI YANG DIBUAT PEJABAT PEMBUAT AKTA TANAH TERKAIT PENYALAHGUNAAN KEADAAN DAN AKIBAT HUKUMNYA Idham Kholid; Felicitas Sri Marniati; Iran Sahrir
Journal of Innovation Research and Knowledge Vol. 5 No. 5 (2025): Oktober 2025
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53625/jirk.v5i5.11459

Land sale and purchase agreements must be based on mutual agreement free from coercion, fraud, and error. Abuse of circumstances often occurs in land sale and purchase practices in Indonesia, even though the implementation is made by an authorized official, namely the Land Deed Official. The formulation of the research problem is regarding the legal consequences of sales and purchase deeds made by land deed officials related to abuse of circumstances and how the legal protection of the seller in sales and purchase deeds made by land deed officials related to abuse of circumstances. The theories used are the theory of legal consequences from R. Soeroso and legal protection from Satjipto Rahardjo. The method used in this research is normative juridical, this research uses secondary data with primary, secondary and tertiary sources. The research approach used is the legislative approach, case, analytical, conceptual, and legal material collection techniques are carried out by identifying and inventorying positive legal regulations, book literature, and other legal material sources. For legal material analysis techniques, legal interpretation techniques are carried out, namely grammatical interpretation and systematic interpretation as well as legal construction, namely analogy construction and legal refinement construction. The results of the reasearch can be concluded, the legal consequences of the sale and purchase deed made by land deed official related to the abuse of circumstances (misbruik van omstandigheden) is that the sale and purchase deed does not produce fully binding legal consequences, because there is a defect in the will of one of the parties and legal actions that do not meet subjective requirements such as free will resulting in imperfect legal consequences, namely the sale and purchase deed can be canceled through a court decision, with this cancellation the seller obtains legal protection. The government should provide further regulation regarding the provisions of Article 22 of Government Regulation Number 37 of 1998 concerning the Position of the Land Deed Official, particularly with regard to the declaration of the parties affirming that they are acting voluntarily and that no hidden legal arrangement exists behind the sale and purchase agreement which could lead to a defect of will in the execution of the deed.

PERLINDUNGAN HUKUM BAGI PARA AHLI WARIS TERKAIT WASIAT YANG DIBUAT OLEH NOTARIS MELEBIHI KETENTUAN BESARNYA BAGIAN DALAM PERSPEKTIF HUKUM WARIS ISLAM Reza Rosmeilisa; M. Slamet Turhamun; Felicitas Sri Marniati
Journal of Innovation Research and Knowledge Vol. 5 No. 10 (2026): Maret 2026
Publisher : Bajang Institute

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In making a will by a Muslim heir, some are still carried out as the freedom to carry out civil acts as in general, even though the will is made with the help of a notary, problems often arise later (das sein), because this is not in accordance with the contents of Article 195 of the KH I regarding how a will is carried out, in accordance with Islamic provisions, and regulates that a will is only valid if approved by all heirs (das sollen). This is based on two problem formulations, namely: What are the legal consequences of a will made by a Notary and how is the legal protection for heirs related to a will made by a notary that exceeds the provisions on the size of the share in the perspective of Islamic inheritance law. This research was analyzed using the Theory of Legal Consequences according to R. Soeroso and the Theory of Legal Protection according to Djojohadikusumo. The research methodology used is normative legal research, specifically library research or secondary data analysis, utilizing primary, secondary, and tertiary legal materials. The research approach includes statutory (regulatory), case, analysis, analytical, and conceptual approaches. Data collection techniques involve identifying and inventorying positive legal regulations, books, journals, and other legal sources. The legal materials are analyzed using systematic legal interpretation and the legal construction method. From the research results, it can be concluded that the legal consequences of a Will made by a Notary exceeding the provisions in the form of non-compliance with sharia principles give rise to ethical and administrative consequences so that it has the potential to be cancelled by the court. Regarding legal protection for heirs, if a legal act occurs in the form of a will that violates Islamic inheritance provisions, then the will is cancelled and redistribution is according to the main provisions of the heir's share, and the heirs can file a lawsuit with the court to cancel and adjust the contents of the will.

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