Legal Protection for Property Buyers Based on Deeds of Transfer of Rights Drawn Up by Public Officials

Abstract

This study aims to analyze the form of legal protection for property buyers based on a deed of transfer of rights declared invalid, the responsibility of a Notary or PPAT in making the deed, the legal considerations of the Kudus District Court in canceling the deed, and its review based on Islamic values. This study uses a sociological juridical approach with qualitative descriptive research specifications. Data were obtained through field studies and literature studies, then analyzed qualitatively descriptively. The results of the study indicate that property buyers in good faith still have the right to obtain legal protection, legal certainty, and recovery of losses if the deed of transfer of rights is declared invalid. The Notary or PPAT has the responsibility to ensure the fulfillment of formal and material requirements as well as the validity of the object and procedure for making the deed. The cancellation of the deed by the Kudus District Court is based on the existence of legal defects that affect the validity of the deed. From an Islamic perspective, the protection of buyers and the responsibility of public officials are in line with the principles of justice, trustworthiness, protection of property (hifz al-mal), and the prohibition of causing loss (la dharar wa la dhirar).