Responsibilities of Land Deed-Making Officials in Making Sale and Purchase Deeds Made Without the Land Owner's Knowledge

In: Traektoriâ nauki: international electronic scientific journal = Path of science, Band 10, Heft 1, S. 8017-8023

Abstract

This research aims to analyze legal action against the Deed of Sale and Purchase made by the Land Deed Official (PPAT) without the knowledge of the land owner and the responsibility of the Land Deed Drafting Officer regarding the Sale and Purchase Deed made without the knowledge of the land owner. This research is normative legal research. The approaches used in this research are the statutory, conceptual, and case approaches. The study results show that the legal consequences of making a Deed of Sale and Purchase, which is made without the owner's knowledge, means that the deed can be filed for cancellation because the subjective conditions and objective conditions of the agreement are not fulfilled. This is regulated in article 1320 of the Civil Code and states that the Deed of Sale and Purchase No 6657/2004 dated 1 November 2004 made by Defendant I is invalid or legally flawed and does not have binding legal force. PPAT's responsibility in making the Deed of Sale and Purchase, which was made without the owner's knowledge, is administrative; Defendant I, as PPAT, has violated the provisions of Article 38 § 1 of Government Regulation No 24 of 1997. Therefore, Defendant I, as PPAT, can be dishonourably dismissed. In civil terms, Defendant I was proven to have committed an unlawful act, so PPAT must compensate for losses suffered by the parties. Criminally, PPAT can be held criminally accountable if PPAT is proven to be negligent and not careful in checking the identity of the person present and other formal matters.