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VOL. 9, ISSUE 3 (2023)
The making of a deed of sale and purchase by a temporary land deed official without the presence of involved parties (A study in bener meriah regency)
Authors
Fauzi Rahman, Sanusi, Sulaiman
Abstract
Temporary Land Deed Officials, or PPATS, are Land Deed Officials
originating from Regional Government Agencies, in this case, the District
Office. PPATS are appointed because the PPAT allocation in a district or city
is unfulfilled. An authentic deed drawn up by the Camat as PPATS is evidence
that certain legal actions have been carried out regarding land rights. Its
function is to ensure that a legal event has occurred, with the aim of avoiding
disputes that may occur in the future. An authentic deed can change the
evidentiary force to be the same as a private deed if one of the provisions is
violated, such as if the deed is not read out in the presence of the parties
and in the presence of at least two witnesses and also signed at that time by
the parties, the witness, and PPATS. Deeds that are not read out in the
presence of the parties and witnesses are included in a defective deed. Article
22 of Government Regulation Number 37 of 1998 concerning Regulations for the
Position of Land Deeds Officials, which came into force on March 5, 1998,
requires that "PPAT deeds must be read or explained to the parties in the
presence of at least two (two) witnesses before being signed immediately by the
parties, witnesses, and PPAT." However, in reality, in Bener Meriah
Regency, the deed of sale and purchase of land was made by PPATS without the
parties being present to be read, explained, and signed by the parties before
the Camat as PPATS, even though the parties did not meet with PPATS. The
parties should have been present before the PPATS so that the PPATS never read
out the contents of the deed as mandated by Article 22 of Government Regulation
Number 37 of 1998, namely that the elements of the contents being read or
explained to the parties were not fulfilled.
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Pages:16-19
How to cite this article:
Fauzi Rahman, Sanusi, Sulaiman "The making of a deed of sale and purchase by a temporary land deed official without the presence of involved parties (A study in bener meriah regency)". International Journal of Law, Vol 9, Issue 3, 2023, Pages 16-19
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