Legal Consequences of Signing a Deed of Grant of Land Rights outside the Position of the Land Deed Official (PPAT)

Abstract

This research aims to find out and analyze the position of PPAT regarding its authority in making deeds of grant of land rights. And to find out and analyze the legal consequences of signing a deed of grant of land rights outside the position of PPAT. The approach method applied in this thesis is the statutory approach method. The type of research used is normative legal research and the data sources used in this research are secondary data which includes primary legal materials, secondary legal materials and tertiary legal materials. Primary legal materials, which consist of statutory regulations relating to the legal research carried out. Secondary legal materials contain books and other supporting documents. And tertiary legal materials are legal materials that provide information and explanations of primary legal materials and secondary legal materials in the form of legal journals, newspapers, articles, magazines and encyclopedias. The data analysis method used in analyzing the data is qualitative analysis. Research results The research results reveal that: First, the position of PPAT is related to its authority in making deeds of grant of land rights according to PP No. 24 of 2016 Article 12 paragraph (1) is a provincial area, but in paragraph (3) it is stated that further provisions regarding PPAT work areas are regulated by Ministerial Regulations. However, until now the operational guidelines (implementation instructions) have not been issued so they still refer to PP No. 37 of 1998, namely the working area of the Regency/Municipality land office. Second, the legal consequence of a deed granting land rights that is signed outside the position of the PPAT is that the deed is procedurally defective, so it can be appealed to the General Court. PPAT can be subject to administrative sanctions, criminal sanctions and civil sanctions.