Legal Consequences of Signing a Deed of Grant of Land Rights Outside the Position of the Land Deed Making Officer (PPAT)

Abstract

This study aims to determine and analyze the position of PPAT related to its authority in making land title deed of grant. and to determine and analyze the legal consequences of signing a land title deed of grant outside the position of PPAT. The approach method applied in this thesis is the statutory approach method. The type of research used is the normative legal research type and the Data Sources used in this study are secondary data which includes primary legal materials, secondary legal materials and tertiary legal materials. Primary legal materials, which consist of laws and regulations related to the legal research conducted. 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. The results of the study reveal that: First, the position of PPAT related to its authority in making land title deed of grant according to PP No. 24 of 2016 Article 12 paragraph (1) is one provincial area, but in paragraph (3) it is stated that further provisions regarding the PPAT work area are regulated by the Ministerial Regulation. However, until now the juklak (implementation instructions) have not been issued so that they still refer to PP No. 37 of 1998, namely one work area of the Regency / City Land Office. Second, the legal consequences of a deed of grant of land rights signed outside the position of PPAT are that the deed is procedurally flawed, so that it can be appealed to the General Court. PPAT can be subject to administrative sanctions, criminal sanctions, and civil sanctions.

Keywords: Consequences; Deed; Gift, Position.