Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)

The Legal Binding Force of a Sale and Purchase Deed Containing Falsified Data (Case Study of the Depok District Court Decision Number 226/Pdt.G/2018/PN.Dpk)

Authors
Benny Djaja1, *, Shela Oktaharyani Harahap1
1Faculty of Law, Universitas Tarumanagara, Jakarta, Indonesia
*Corresponding author. Email: bennyd@fh.untar.ac.id
Corresponding Author
Benny Djaja
Available Online 21 April 2022.
DOI
10.2991/assehr.k.220404.074How to use a DOI?
Keywords
Legal Binding Force; Sale and Purchase Deed; Falsified Data
Abstract

The officials appointed to handle land-related deeds (Pejabat Pembuat Akta Tanah/PPAT) has a very important role in land registration, namely helping the Head of Regency/Municipal Land Institution (BPN) to carry out certain activities in land registration, but in practice there are various forms of legal violations committed in those activities, among them being the falsification of data either carried out by an observer or other parties. The problem faced at hand is how to determine the legal force of the sale and purchase deed which data is falsified based on the Depok District Court Decision Number 226/Pdt.G/2018/PN.Dpk; and to what extend is the responsibility of PPAT with regards to said deed, which has been declared null and void by the court. The research method used in writing this thesis is a normative juridical research method. The results showed that based on the Decision of the Depok District Court Judge Number 226/Pdt.G/2018/PN.Dpk. there is clearly a juridical defect in AJB No. 156/8/Sawangan/1997 dated July 28th, 1997 which was made before Soekaimi, S.H., PPAT for the Bogor Regency area so that the deed did not meet the material requirements of an authentic deed and resulted in the cancellation of the deed by a court decision. PPAT needs to better understand the existing provisions to avoid committing (un)intentional violations subject to sanctions, even to the point of dismissal, honorably or otherwise, as well as demands for compensation from the aggrieved parties. PPAT in carrying out their duties must hold themselves on high morality and integrity expected from the profession and position as PPAT.

Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

Download article (PDF)

Volume Title
Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 April 2022
ISBN
978-94-6239-567-1
ISSN
2352-5398
DOI
10.2991/assehr.k.220404.074How to use a DOI?
Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

Cite this article

TY  - CONF
AU  - Benny Djaja
AU  - Shela Oktaharyani Harahap
PY  - 2022
DA  - 2022/04/21
TI  - The Legal Binding Force of a Sale and Purchase Deed Containing Falsified Data (Case Study of the Depok District Court Decision Number 226/Pdt.G/2018/PN.Dpk)
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 469
EP  - 474
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.074
DO  - 10.2991/assehr.k.220404.074
ID  - Djaja2022
ER  -