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PPAT LIABILITY FOR DEEDS THAT ARE NULL AND VOID

BECAUSE THEY DO NOT MEET THE LEGAL REQUIREMENTS

OF THE AGREEMENT BASED ON THE CIVIL CODE

Fima Dewi Kusmara, Jeane Neltje Saly

and the 1945 Constitution of the Republic of Indonesia which upholds the principle of

legal certainty and protection for its citizens (Mattalatta, 2009). To ensure the principle

of legal certainty and protection, it is necessary to have a record related to every legal

event or act that occurs in the community to avoid legal problems that may occur in the

future due to legal uncertainty (Gaumi & Hartono, 2022). Social institutions known as

produce a written evidence of authentic power. Land that has a role in human survival

which functions as a social asset which is a means of binding the unity of citizens in

community life while other functions are capital assets where land is a capital factor in

development that must be used and utilized for the welfare of the people fairly and

the State and its diverse and increasing people. In the framework of sustainable national

development, the role of land becomes increasingly important with the increase in the

number of people who need land for settlement. With the increase in development

activities, the higher demand for land in the field of business activities, this raises the

need for guaranteed legal certainty in the land sector. With the increasing need for land,

it will encourage increased land buying and selling activities as one of the processes of

transferring land rights (Satrianingsih & Wirasila, 2019; Suryaningsih & Zainuri, 2023).

understanding of the legal processes and procedures they must undergo in a case, in order

to create awareness for citizens and parties to the law (Putri & Marlyna, 2021). Legal

and all information obtained for making the deed in accordance with the oath or promise

of office, unless the Law specifies otherwise, as mentioned in Article 16 paragraph (1)

letter e concerning the Notary Office Law (Prabawa, 2017). It is also affirmed that to keep

confidential everything related to the deed and other papers is to protect the interests of

all parties related to the deed. Notaries who in their profession are actually institutions

that with their deeds give rise to written means of proof and have an authentic nature. The

significance of the Notary profession is that Notaries by law are authorized to create

absolute means of proof in the sense that what is said in the authentic deed is true.

Meanwhile, PPAT is defined as a general official who is authorized to make authentic

deeds regarding certain legal deeds regarding land rights or Ownership Rights over Flats

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the Land Deed Making Officer (PPAT). Sale and purchase and grant is a legal act in the

form of handing over land rights to another party forever. Sale and purchase of land is a

legal act in the form of the transfer of property rights by the seller to the buyer. Which at

that time also handed over the price to the seller. This is stated in Article 20 paragraph

make it. However, an authentic deed if there is a dispute over the deed, the deed can be

canceled or null and void. The notary deed / PPAT is canceled by a judge's decision, it

can be seen in advance the consequences arising from it. If it turns out that the cancellation

(both revocable and null and void) causes harm to the parties seeking notary assistance in

the preparation of the deed (including the receipt of its rights), then the notary may be

punished to pay such damages (as long as the fault lies with the notary). The regulation

of the Deed regarding has been regulated in Article Article 1868 of the Civil Code which

reads; "The definition of an authentic deed is a deed which in the form prescribed by law,

is made by or before the public officer authorized for it at the place where the deed is

made". The judge ex officio basically cannot cancel the Notary Deed / PPAT if it is not

deed has no legal force. Regarding the cancellation of the contents of the deed, a Notary

/ PPAT only acts to record what is stated by the complainants and is not obliged to

investigate the material truth of the contents of the deed. The provision stipulates that the

deed of transfer of land ownership must be made by the Land Deed Making Officer

(PPAT), in which case the PPAT is also concurrently held by a Notary. Where in making

the deed, both regarding the form, content, and method of making it, as specified in PP

No. 24 of 2016 concerning PPAT. However, in practice, the making of AJB is sometimes

not in accordance with the established legal provisions, so it risks legal certainty over the

ownership of land rights AJB is an authentic deed that has perfect evidentiary value to

the parties as mentioned in Article 1870 of the Civil Code. Thus, when there is a problem

Defendant and even the Defendant as an effort so that the Notary / PPAT must provide

information about the deed that becomes evidence in court examinations.

then the problem must be tested and proven at trial regarding the matter that caused the

2021).

that gives rise to rights and obligations for the parties to the agreement. The definition of

an agreement according to the provisions of Article 1313 of the Civil Code (KUH-

Percivil) is as follows: "an agreement is an act by which one or more persons bind

themselves to one or more other persons." The formulation in Article 1313 of the Civil

Code confirms that the agreement resulting in a person binding himself to others. An

agreement gives rise to obligations or achievements from one person to another who is

entitled to the fulfillment of those achievements. In other words, that in an agreement

there will always be two parties, where one party is obliged to fulfill an achievement and

the content of an agreement it is determined when one of the parties is declared to have

defaulted. Meanwhile, in the agreement which is not included regarding default, the

aggrieved party in the agreement can file a summons or a warning stating that the debtor

has been negligent and to fulfill its obligations within a certain period of time. The

provisions regarding the subpoena are affirmed in Article 1238 of the Civil Code. Apart

from a subpoena, the act of a debtor who carries out an act that is prohibited then the

debtor can be declared to have committed default. The creditor can file a demand that the

debtor be punished in the form of paying damages by canceling the agreement or simply

requesting the execution of the agreement. However, in practice there are still Notaries /

PPAT who neglect to apply these things, causing the Notary concerned to be called to the

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Civil Code. Furthermore, what are the legal consequences of a deed that is null and void

because it does not meet the legal requirements of the agreement.

RESEARCH METHODS

approach method. Specifications The research used in this study is analytical descriptive

research. The types and sources of data used by the author are secondary data types, data

obtained through data sources of civil law literature studies and primary legal materials,

secondary legal materials, tertiary legal materials. Data collection techniques are obtained

through literature studies and interviews. Analytical methods in thesis research in the

form of Qualitative Juridical.

PPAT Liability for Deed That Is Null and Void Because It Does Not Meet the Legal

of Endang Purwani, Bachelor of Art (Plaintiff) in accordance with Measuring letter

Number 0933/Wonokromo/2003; that SRI SUTAMTINAH or called Defendant III is a

business partner of the Plaintiff, therefore the Plaintiff believes in Defendant III and gives

permission to Defendant III to borrow Title Certificate No: 1766 located in Wonokromo

Village, Pleret District, Bantul Regency covering an area of 264 m2, recorded in the name

of Endang Purwani, Bachelor Of Art (Plaintiff) in accordance with Measuring Letter

Number 0933/Wonokromo/2003. Then Defendant III used the certificate to seek a loan

of funds to SURDJONO ARHAM, SH or called Defendant II with a guarantee of land

owned by the Plaintiff, and Defendant III borrowed a sum of money to Defendant II with

a guarantee of land owned by the Plaintiff and the Plaintiff was given a promise of "lure"

Sale and Purchase made before the Notary / PPAT of Bantul Ratnawati Regency, SH

(Defendant I) the Plaintiff sold his land to Defendant II through his attorney Defendant I

at a price of Rp.14,000,000 (fourteen million rupiah). After doing so, all the plaintiffs

needed funds, but Defendant III did not provide the amount of funds as promised by

Defendant III. Because Defendant III did not provide the funds, the Plaintiff asked for the

return of the Plaintiff's certificate, namely Certificate of Property No: 1766 located in

Wonokromo Village, Pleret District, Bantul Regency covering an area of 264 m2

recorded in the name of Endang Purwani, Bachelor Of Art (Plaintiff) in accordance with

Measuring Letter Number 0933 / Wonokromo / 2003, but it turns out that now its

ownership has changed to the property of Defendant II, it turns out to be in the control of

Defendant II. However, in fact or reality, the Plaintiff and their families remain and or

into 3 types, namely as follows :

1. Notary Responsibility / PPAT in Civil

Notary / PPAT can be sued to pay compensation in the event of a mistake

committed, a loss suffered. This is related to the cause and effect between errors made

by Notaries / PPAT and losses caused. The provision of compensation is a form of

Notary / PPAT responsibility for violations committed. Losses in civil law are divided

into 2 (two), namely as follows::

a. Material Losses are actual losses suffered in the form of costs, losses and interest.

stipulated in the court decision against the plaintiff, then based on a court decision that

has permanent legal force, the Notary / PPAT can be declared bankrupt. This

bankruptcy can be used as a basis for the temporary dismissal of Notary / PPAT from

his position. This is based on Article 9 paragraph 1 letter a of Law Number 2 of 2014

concerning Notary Position where Notaries can be temporarily dismissed if in

bankruptcy proceedings or in a period of delay to the obligation to dispose of and

Article 10 paragraph (4) letter e of PP Number 24 of 2006 concerning PPAT Position

Regulations.

The juridical construction used in civil liability for material truth of the deed

made by the Notary Public is the construction of an unlawful act (Article 1365 of the

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contemporary institutions of unlawful acts, what is meant by unlawful acts is unlawful

acts in a broad sense. In more detail, an unlawful act is if :

a. Violating the rights of others;

b. Contrary to the perpetrator's legal obligations;

concluded that the Notary can be held responsible for the material truth of a deed he

made if it turns out that the Notary does not provide access to a certain law relating to

the deed he made so that one of the parties feels deceived by his ignorance (Yuana,

2010).

The explanation of the Notary Office Law shows that Notaries are only

responsible for the formalities of an authentic deed and not for the material of the

authentic deed. This requires the Notary to be neutral and impartial and provide some

kind of legal advice for clients who ask the Notary concerned for legal guidance.

2. Notary Responsibility / PPAT Criminally

Criminal acts are actions that are prohibited in a rule of law, where the

for the Notary / PPAT, sanctions can be given in the form of reprimands to

dishonorable dismissal. Criminal cases related to the formal aspects of the Notary

Deed, the investigator, public prosecutor, and judge will include the Notary / PPAT

has taken legal action :

a. Making forged / forged letters and using forged forged letters (Article 263

b. Committing forgery (Article 264 of the Criminal Code);

c. Ordering to include false information in an authentic deed (Article 266 of the

d. Doing, ordering to do, who participates in doing (Article 55 jo Article 263

namely intentional (opzet) and careful (culpa). Intentionality (opzet) is something that

occurs in most criminal acts. Usually taught that there are 3 (three) kinds of

intentionality, namely :

a. Intentionality that is a goal to achieve something (opzet als oogmerk);

b. The consequences that became the tree of the reason for the ban;

c. That the act is unlawful.

There are criteria that are limitations to be able to criminalize a Notary / PPAT

as follows:

1. If intentionally and knowingly a Notary / PPAT participates together with one party

2. If the deed made before or by a Notary / PPAT can be proven that the preparation

Article 266 of the Criminal Code which regulates forgery of letters. However, it should

be noted that the Notary / PPAT is not responsible for unlawful acts committed by the

parties facing the Notary / PPAT concerned.

Notary / PPAT is criminally responsible for the material truth in the deed he

made. Regarding criminal provisions, it is not regulated in the Notary Office Law or

in the Regulation on the Position of Land Deed Making Officer, but the responsibility

of the Notary / PPAT is criminally imposed if the Notary / PPAT commits a criminal

act that violates the law. The Notary Office Law and the Regulation on the Office of

Land Deed Making Officer only regulate sanctions for violations committed and these

sanctions can be in the form of deeds made by Notaries / PPAT have no authentic force

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regulates Notaries / PPAT internally and the Notary Position Law and Land Deed

Making Officer Position Regulations regulate externally. Notary / PPAT in carrying

out the duties of his office must do the following :

a. Notary / PPAT is required to make a deed properly and correctly. That is, the deed

Then, the matter that is always in question is from the formal aspect, especially

regarding:

a. Certainty of day, date, month, year, and time facing;

b. Whose party is facing;

c. Signature facing;

d. A copy of the act does not correspond to the minuta of the act;

e. A copy of the deed exists, without a minuta of the deed; The deed minuta is not

Of the several sanctions that will be imposed on the Notary, which are included

in administrative sanctions, namely temporary suspension, honorable dismissal, and

dishonorable dismissal.

Regarding violations committed by PPAT in the process of making a sale and

purchase deed, Article 62 PP Number 24 of 1997 regulates sanctions as a consequence

of violations committed, namely: "PPAT which in carrying out its duties ignores the

provisions referred to in Article 38, Article 39, and Article 40 as well as provisions

and instructions given by the Minister or appointed Officer is subject to administrative

action in the form of a written reprimand until dismissal from its position as PPAT,

without prejudice to the possibility of being sued for compensation by parties who

b. The sanction of the deed becomes null and void, imposed on violations that are not

related to the formal form or requirements of the Notary Deed and in these Articles

there is no explicit mention of sanctions for violations.

to the Notary / PPAT concerned. Criminally, if the Notary is proven to violate Article

263 paragraphs (1), (2) of the Criminal Code, (Article 264 of the Criminal Code), (Article

266 of the Criminal Code); (Art. 55 jo. Art. 263 paragraphs (1) and (92) or 264 and 266

of the Criminal Code; (Article 56 paragraphs 1 and 2 jo. Article 263 paragraphs (1) and

(2) or 264 and 266 of the Criminal Code, the Notary Public may be subject to criminal

charges with a minimum prison sentence of 6 (six) years, a maximum of 8 (eight) years.

c) Administratively, if in making a Notary Deed violates the articles in the UUJN, the

Land Deed Making Officer Regulation and the code of professional ethics, the Notary

will be subject to sanctions contained in article 85 of the UUJN, in the form of: Oral

reprimand; Written; temporary suspension; honorable dismissal; Dishonorable dismissal.

violation in its making.

Number 2714 K / Pdt / 2019 was that there had been an illegal act and violated the rules

in the Notary Position Law or the Regulation of Land Deed Making Office Officials and

the code of ethics carried out by Notary / PPAT. According to Article 1365 of the Civil

Code, it is determined that every unlawful act that causes harm to another person requires

the person who committed the act to compensate for the damage. Sanctions and legal

consequences for Notaries / PPAT applied can be in the form of civil sanctions in the

form of reimbursement of costs, damages, and interest, as well as administrative sanctions

in the form of verbal reprimands, written reprimands, temporary suspension, honorable

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