Legal Consequences on PPAT Deed Not Made in Accordance with the Provisions Case Study of Court Decision No.137 / PID.B / 2016 / PN.PBR

Mhd. Mora Kamis Nst, Elwi Danil, Beatrix Benni

Abstract


The notary profession that can concurrently serve as a PPAT is one of the professions that has taken part in the process of law enforcement in Indonesia by providing certainty, order and legal protection in the community, especially in terms of the need for a binding evidence in addition to witness evidence, which is in the form of making authentic evidence. The notary profession is also required to be able to provide legal certainty to the parties, which means that anyone who holds the position of a notary must comply with statutory provisions, as well as PPAT in carrying out his position. But in reality what happens is that there is still a lot of work done by notaries or PPAT which ultimately has legal implications for the authority carried out by notaries or PPAT, so that the public, especially the parties involved in the deed, become confused in seeking legal certainty and in a manner indirectly can cause huge material losses to people who need justice. Research data were collected through field studies through interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus of this research is to find out and analyze how the legal consequences of the deed made not in accordance with the provisions of the case study court decision no.137 / pid.b / 2016 / pn.pbr. The results of the study showed that 1) PPAT which was proven to have committed a crime of counterfeiting was responsible for his sentence with a prison sentence of 1 (one) Year 8 (eight) Months. 2) The legal consequences of the deed made are not in accordance with the provisions of the legislation because it contains elements of forgery, the deed is null and void by law and for the certificate of transfer of land rights issued with the deed as the basis, then with the court's decision the judge has stated that the certificate the legal defect and cancellation can be requested to the local Office of the Land Agency.


Keywords


Legal Consequences; PPAT; Deed

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References


Books

Salim, HS, Contract Law, Theory and Technique of Drafting Contracts, Sinar Grafika, Jakarta, 2006, p. 43.

Putri AR, Legal Protection of a Notary (Duties of Notary Offices with Implications for Criminal Acts), Sofmedia, Jakarta, 2011, p. 8.




DOI: http://dx.doi.org/10.18415/ijmmu.v6i5.1100

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