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VOL. 10, ISSUE 4 (2024)
Responsibility of land deed officials for the transfer of joint property after divorce in Banda Aceh
Authors
Putri Lela Khamisna, Syahrizal Abbas, Adwani
Abstract
This study explores the responsibilities of
Land Deed Officials (PPAT) in the transfer of joint property after divorce in
Banda Aceh, focusing on the case of the Banda Aceh Mahkamah Syar'iyah Decision
No. 185/Pdt.G/2021/MS. Bna. According to Article 10, paragraph (7) of the
Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the
National Land Agency No. 2 of 2018 concerning Guidance and Supervision of
PPATs, violations committed by PPATs are followed up with an examination by the
supervisory board of PPATs. The aim of this research is to review and analyze
the responsibility of PPATs in the transfer of undivided joint property after
divorce that does not comply with procedures, as well as the legal consequences
of undivided joint property after divorce. The method used is normative legal
research, drawing from statutory regulations and relevant literature. The
findings indicate that PPATs must ensure that the process of transferring land
rights is carried out in accordance with applicable legal procedures and
involves the presence of all interested parties, including ensuring that SR
(Plaintiff/Ex-Wife) is present and consents to the transfer of ownership
rights. The responsibility of the PPAT is divided into ethical and legal
responsibilities, covering administrative, civil, and criminal aspects. Divorce
raises issues related to joint property and personal property within marriage.
Joint property refers to assets acquired together during marriage, whereas
personal property refers to assets brought into the marriage by each spouse.
The transfer of land rights as joint property must be agreed upon by both
parties to avoid legal disputes. The case studied reveals that MM
(Defendant/Ex-Husband) sold joint property without the consent of SR
(Plaintiff/Ex-Wife), which constitutes a legal violation. The sale and purchase
deed made by the PPAT without the presence and approval of both parties can be
annulled. In this context, the PPAT involved must be held accountable for the
procedural violation that occurred. It is recommended that PPATs enhance their
awareness and service quality to the Association of Land Deed Officials (IPPAT)
to encourage active roles in law enforcement.
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Pages:221-224
How to cite this article:
Putri Lela Khamisna, Syahrizal Abbas, Adwani "Responsibility of land deed officials for the transfer of joint property after divorce in Banda Aceh". International Journal of Law, Vol 10, Issue 4, 2024, Pages 221-224
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