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International Journal of
Law
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VOL. 10, ISSUE 4 (2024)
Juridical analysis of PPAT's liability in imposing mortgage rights on land located in protected forest areas
Authors
Teuku Rulianda Zhafirin, Sri Walny Rahayu, Yanis Rinaldi
Abstract

This paper provides a juridical analysis of the liability of the Land Deed Official (PPAT) in the imposition of mortgage rights on land located in protected forest areas in Indonesia. The PPAT's role is critical in the process of land registration and transfer of land rights, including the creation of deeds for mortgage rights. The responsibilities of PPATs are governed by several laws and regulations, primarily Government Regulation Number 24 of 2016, which outlines the requirements, duties, and ethical obligations for PPATs.

The imposition of mortgage rights on land in protected forest areas presents unique challenges due to the specific legal status and conservation regulations of such land. According to the Mortgage Law, only certain types of land rights can be mortgaged, including Ownership Rights, Business Use Rights, Building Use Rights, and Usage Rights. Land in protected forest areas does not typically qualify for mortgage rights, leading to potential legal issues if such land is used as collateral.

The case in Sabang, Cot Ba’U Village, serves as an example of the complications that arise when land in protected forest areas is improperly used as mortgage collateral. In this instance, the PPAT involved failed to adhere to the applicable regulations, resulting in administrative errors and legal consequences. The PPAT issued a Cover Note to inform the creditor, BRI Syariah, that the land was ineligible for mortgage rights due to its protected status.

This paper aims to analyze the authority and responsibilities of PPATs in the context of imposing mortgage rights on land with special status, focusing on the legal and ethical obligations of PPATs and the implications of their administrative actions. The research employs both normative legal research and empirical legal research methods, combining written data and field observations.

The findings highlight the importance of compliance with all relevant legal provisions to ensure the validity and authenticity of the deeds created by PPATs. The study concludes that the responsibilities of PPATs encompass not only administrative duties but also significant moral and legal obligations. Administrative errors can result in legal consequences and sanctions, emphasizing the need for PPATs to exercise caution and adhere to regulations to protect the rights of all parties involved in land transactions. The case in Cot Ba’U Village underscores the necessity for effective solutions to enhance legal certainty and prevent similar issues in the future.
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Pages:111-112
How to cite this article:
Teuku Rulianda Zhafirin, Sri Walny Rahayu, Yanis Rinaldi "Juridical analysis of PPAT's liability in imposing mortgage rights on land located in protected forest areas". International Journal of Law, Vol 10, Issue 4, 2024, Pages 111-112
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