Legal Protection for Land Deed Officials in the Preparation of Land Sale and Purchase Deeds Containing False Information (Study Decision Number: 35/Pdt.G/2025/Pn.Kdi)

Abstract

It is not uncommon for a Land Deed Officer (PPAT) to be sued over a deed they have drawn up, although not due to any fault on the part of the PPAT themselves but rather due to the dishonesty of the parties involved prior to signing the deed. This study examines deeds of sale and purchase that have been signed by the parties involved and the Notary/PPAT who have been sued as a result of the dishonesty of the parties prior to the transfer of ownership of the certificate. In carrying out their duties, a PPAT must apply the principle of due diligence in performing their role in drawing up Authentic Deeds, in order to avoid civil disputes arising from errors and legal defects in the deed. The objective of this research is to identify and analyze the legal liability of the Land Deed Officer regarding the Deed of Sale and Purchase containing false statements in Judgment No. 35/Pdt.G/2025/PN.Kdi. The type of research employed in this thesis is normative legal research. The method used is a normative legal approach based on statutory analysis (statute approach). The data used in this research consists of secondary data. Secondary data consists of three types and sources of legal material, namely: 1) primary legal material, 2) secondary legal material, and 3) tertiary legal material. The data collection method for this study involved a literature review of legal materials. Furthermore, the data analysis in this study is descriptive in nature. Research findings indicate that a Notary/PPAT may be held administratively, civilly and criminally liable if it is proven that they have intentionally colluded with the parties involved, thereby causing harm to another party. There are currently no provisions in legislation or government regulations to protect Notaries/PPATs from civil or criminal lawsuits. However, it should be noted that every person is entitled to fair legal protection and certainty in accordance with Article 28 (D) section (1) of the 1945 Constitution; therefore, Notary/PPAT are also entitled to the same legal protection.