Legal protection to the parties in making authentic deeds carried out by land deed officials
Julian Triansyah, Teuku Ahmad Yani S H, M Hum, Iskandar A, Gani S H, M Hum
The application of the Principle of Prudence of a Land Deed Official in carrying out his duties is regulated in Article 39 paragraph (1) of Government Regulation No. 24 of 1997 concerning Registration, and Articles 97 to 102 of the Regulation of the Minister of Agrarian State No. 3 of 1997 concerning the Implementation of Government Regulation No. 24 of 1997 concerning Land Registration. As for the creation of authentic deeds related to the agreement, it must meet as the legal requirements of the agreement contained in Article 1320 of the Civil Code. But in fact there are some disputes in transition of land rights. The purpose of this research is to examine the role of Land Deed Officials related to legal protection provided to the parties. The results of the Research found are for those who feel aggrieved. The research method used is normative juridical supported by empirical data. The results of the study found that in the decision of the Banda Aceh District Court Number 09 / PDT. G/2009/PN. BNA and Medan District Court Decision No. 783/Pdt.G/2019/PN.Mdn PPAT did not implement the rules in accordance with Article 39 of Government Regulation No. 24 of 1997 and the problem that occurred was that there were several deeds that were canceled by the court because they were considered detrimental to one of the parties. The results of the study concluded that the legal protection for landowners whose deed was canceled by the court is that the owner can claim compensation to PPAT if the loss occurs due to PPAT negligence, but if the loss occurs due to the bad faith of the seller then the party who feels aggrieved can demand compensation to the seller.
Julian Triansyah, Teuku Ahmad Yani S H, M Hum, Iskandar A, Gani S H, M Hum. Legal protection to the parties in making authentic deeds carried out by land deed officials. International Journal of Law, Volume 8, Issue 3, 2022, Pages 95-101