MENU
|
|
|
| Jenis | : |
KKM
|
| Judul | : |
PENERAPAN PRINSIP KEHATI-HATIAN TERHADAP PEMBUATAN AKTA JUAL BELI TANAH YANG DILAKUKAN OLEH PEJABAT PEMBUAT AKTA TANAH SEMENTARA (Studi Kasus Putusan Pengadilan Negeri No. 40/Pdt.G/2015/PN KLN dan Putusan Pengadilan tinggi No. 555/pdt/2015/PT SMG)
|
| Subjek | : |
Lawyers
|
| Pengarang | : |
Amelia Nugroho
|
| Pembimbing | : |
Tri Lisiani Prihatinah,
Aryuni Yulianingsih
|
| Prodi | : |
ILMU HUKUM S2
|
| Tahun | : |
2024
|
| Call Number | : |
346.002 3 NUG p
|
| Perpustakaan | : |
Fakultas Hukum
|
| Letak | : |
1 eksemplar di Koleksi Referensi
|
|
Abstrak :
In the transfer of land rights requires an authentic deed made by an authorized official,
namely the Land Deed Making Officer. It is known that there are 3 (three) kinds of Land Deed
Making Officials, one of which is a Temporary Land Deed Making Officer. In order to carry
out his position, the Temporary Land Deed Making Officer must apply the precautionary
principle. In the District Court decision No. 40/Pdt.G/2015/PN KLN jo. High Court decision
No. 555/Pdt/2015/PT SMG there is an unwritten agreement between the seller and buyer in a
land sale and purchase activity that there is a custody of inheritance land certificates that are
not actually traded. Therefore, through this decision, the question arises to what extent the
Temporary Land Deed Making Officer must trace the history or history of a land so as not to
let the deed he made be canceled by a court decision. Thus, another question arises as to
whether the position of the Temporary Land Deed Making Officer can be accounted for like a
Land Deed Making Officer.
This study aims to analyze the application of the precautionary principle for Temporary
Land Deed Making Officials to the preparation of land sale and purchase deeds in court
decision No. 40/Pdt.G/2015/PN KLN and high court decision No. 555/pdt/2015/PT SMG and
to analyze the responsibility of Temporary Land Deed Making Officials for making land sale
and purchase deeds. This research uses normative juridical method with prescriptive research
specifications. Writing uses secondary data types in the form of primary legal material,
secondary legal material, and tertiary legal material. The data collection method uses
literature studies and is presented in the form of narrative text, the data is analyzed in a
qualitative normative manner.
Based on the results of the research, the Wonosari District Land Deed Making Officer
did not apply the principle of prudence to the preparation of land sale and purchase deeds in
the district court decision No. 40/Pdt.G/2015/PN KLN and the high court decision No.
555/Pdt/2015/PT SMG because it does not comply with Article 1320 of the Civil Code
regarding the conditions for the validity of an agreement, Articles 20 and 22 of Government
Regulation No. 10 of 1961 concerning Land Registration and has misinterpreted Article 9 of
Perppu No. 56 of 1960 regarding the transfer of land rights is prohibited except for the
distribution of inheritance. Temporary Land Deed Making Officials can actually be held
accountable both civilly, criminally and administratively, but in this case it is not expressly
determined regarding the responsibility that should be imposed to the Provisional Land Deed
Making Officer because the position of the Provisional Land Deed Making Officer is only as a
co-defendant so that he is only asked to submit and obey the judge's decision.
Keywords: Temporary Land Deed Making Officer, Precautionary Principle, Accountability
|
Kembali
|
