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PRINSIP KEHATI-HATIAN PEJABAT PEMBUAT AKTA TANAH DALAM PEMBUATAN AKTA JUAL BELI HAK GUNA BANGUNAN (Studi Kasus Putusan Nomor 1991 K.Pdt/2015)
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| Subjek | : |
Lawyers
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| Pengarang | : |
FIRA FAIRIMA FIORENTINA
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| Pembimbing | : |
Tri Lisiani Prihatinah,
Sulistyandari
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| Prodi | : |
ILMU HUKUM S2
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| Tahun | : |
2024
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| Call Number | : |
346.002 3 FIO p
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Land Deed Making Officials, hereinafter referred to as PPAT are public
officials who are authorized to make authentic deeds regarding certain legal acts
regarding land rights or Property Rights over Flats Units. PPAT has issued a sale
and purchase deed that is not in accordance with the applicable regulations.
Because of this, how is the procedure for registering the deed of sale and purchase
of building use rights and because there are aggrieved parties, what is the form of
PPAT's accountability to the aggrieved party. This case is in Decision Number
1991.K/Pdt.2015.
The purpose of this study is to analyze the principle of prudence of the Land
Deed Making Officer in making the Deed of Sale and Purchase of Building Rights
in Decision Number 1991 K.Pdt/2015, to analyze the registration procedure of the
Deed of Sale and Purchase of Building Rights in Decision Number 1991
K.Pdt/2015, and to analyze the form of responsibility of the Land Deed Making
Officer for the issuance of double certificates to the aggrieved party in Decision
Number 1991 K.Pdt/2015. The research method used is Normative Juridical, using
analytical prescriptive, using secondary data, and using qualitative normative
analysis methods.
The results of the study show that PPAT does not apply the principle of
prudence in the form of not complying with the Laws and Regulations Article 39
paragraph (1) letter a of Government Regulation Number 24 of 1997 concerning
land registration and does not carry out ethics in accordance with the Code of
Ethics Article 3 letter p of the Code of Ethics of the Association of Land Deed
Making Officials. As well as the procedure for registering the deed of sale and
purchase of building use rights, there are 3 steps according to Government
Regulation Number 24 of 1997 concerning Land Registration in Decision Number
1991 K.Pdt/2015 is not carried out according to the procedure by PPAT or
Defendant III is an activity in the juridical field in the form of not reporting until
the specified time, which is a maximum of 7 days and only registering the deed or
changing the name in 2012 after 2 years of transfer of rights is carried out. This is
in accordance with Article 40 paragraphs (1) and (2) of Government Number 24 of
1997 concerning land registration. The form of responsibility of the Land Deed
Making Officer for the issuance of a double certificate to the aggrieved party in
Decision Number 1991 K.Pdt/2015 is civil liability and administrative
responsibility in the form of compensation in accordance with Article 1365 of the
Civil Code and Temporary Dismissal is a maximum of 1 year given by the Head of
the Regional Office of the National Land Agency in accordance with Attachment II
Number 2 of 2018 concerning Coaching and Supervision of Officials Land Deed
Maker.
Keywords: Principle of prudence, Land Deed Making Official, Building Use
Rights.
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