Responsibilities of Land Deed Making Officials Who Do Not Apply the Prudential Principle in Making Authentic Deeds (Case Example: Decision of the DKI Jakarta High Court Number 412 / PDT / 2018 / PT.DKI)

DOI

10.2991/assehr.k.210805.145How to use a DOI?

Keywords

Principles of prudence land title registrar, purchase and sale

Abstract

Preparation of land sale and purchase deeds between Defendant I as buyer and Defendant II as the Official for Making Land Deeds (PPAT). Where in the making of the land sale and purchase deed made before the PPAT, Defendant I used a false identity of the owner of land and building rights named Ilyas Werdisastro (Alm) as the husband of the Plaintiff. Finally, the Plaintiff knew that there was the signature and identity of the plaintiff’s husband which was falsified by Defendant I and / or Defendant II in the Sale and Purchase Deed. The main problem in this research is regarding the responsibility of PPAT which does not apply the precautionary principle in the deeds it makes and what the legal consequences are for authentic deeds if PPAT does not apply the precautionary principle. This research is a type of normative research with a prescriptive type of research. The results showed that PPAT can be held accountable because it is not careful and negligent in carrying out its duties. PPAT accountability can be in the form of administration such as verbal warning, written warning, temporary dismissal, honorific dismissal, and dishonorable dismissal. The legal consequences of authentic deeds made by PPAT without applying the principle of prudence, the strength of the evidence can turn into illegal deeds and can even be null and void because there is an element of forgery in the deed.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Febyola Berlyani Sugiarto
AU  - Mella Ismelina Farma Rahayu
PY  - 2021
DA  - 2021/08/08
TI  - Responsibilities of Land Deed Making Officials Who Do Not Apply the Prudential Principle in Making Authentic Deeds (Case Example: Decision of the DKI Jakarta High Court Number 412 / PDT / 2018 / PT.DKI)
BT  - Proceedings of the International Conference on Economics, Business, Social, and Humanities (ICEBSH 2021)
PB  - Atlantis Press
SP  - 917
EP  - 923
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.210805.145
DO  - 10.2991/assehr.k.210805.145
ID  - Sugiarto2021
ER  -