Legal Protection of Notary/PPAT in Making Deeds Based on Fake Information (Case Study of Decision Number: 73/PDT.G/2012/PN.PL)
DOI:
https://doi.org/10.57096/edunity.v2i6.101Keywords:
Notary/PPAT, Deed, False Statement, Legal ProtectionAbstract
A Notary is a public official who is authorized to perform certain legal formalities, especially to draw up or certify contracts, deeds, and other documents for use in other jurisdictions. The Land Deed Making Officer or PPAT is a public official who is authorized to make certain deeds related to land belonging to Flats Units. The Notary/PPAT is responsible for upholding integrity and morals. Legal protection and guarantees for the Notary/PPAT are needed for the implementation of the legal service function. Protection is needed to protect Notaries/PPATs who have carried out deed-making activities carefully and professionally in accordance with legal provisions and statutory regulations. Notaries/PPATs often receive false information or documents from parties, so Notaries/PPATs are suspected of being involved in criminal or civil cases. The purpose of this study is to examine the legal provisions for the protection of the position of Notary/PPAT in making Deeds based on False Statements (Case Study of Decision Number 73/PDT.G/2012/PN.PL). The research method uses a normative legal approach with qualitative descriptive data analysis. The results of the study show that Notaries/PPATs have the right to obtain legal protection in order to create legal certainty as public officials whose function is to provide services to the public. Notary/PPAT is not responsible in terms of fraud and mistakes made by the parties. The Notary/PPAT is only in charge of recording what is conveyed by the parties to be further stated in the deed or party. The legal protection provided by the state with regulations or legal rules is considered optimal in protecting Notaries/PPATs.
References
Abady, ARP, & Rahayu, MIF (2023). Manufacturing Law Counseling Deed By Notary Based On Constitution Number 2 Of 2014 Concerning The Position Of Notary . Journal On Education , 5 (2), 4248–4258.
Adella, PK (2020). Accountability Notary For Negligence In The Process Of Binding The Sale And Purchase Of Land Whose Object Already Sold To Other Parties ( Case Study Decision Assembly Notary Regional Supervisor West Java Province Number : 04/PTS-MPWN West Java Province /V/2019). Indonesian Notary , 1 (004).
Adhyaksa , OCY (2020). The Role Of The Assembly Honor Notary Public To Summons Notary By Police Investigator .
Safe, A. (2019). Legal Protection Of A Notary In Carrying Out Position Confidentiality: Notary , Secret Position . Recital Reviews , 1 (2), 59–71.
Ansori , AG (2009). Indonesian Notary Institution . Yogyakarta: Press Law.
Ayu, B., & Rahayu, MI (2019). Legal Protection Of Kei Customary Land Ownership Rights . Environmental Law Development , 3 (2), 279–293.
Din, T., Mulyadi, L., & Narsudin , U. (2017). Legal Protection Against Official Maker Internal Land Deed Making Deed Authentic . Legality : Journal Legal Research , 10 (2), 117–138.
FR, MI (2021a). Limitations On The Exercise Of The Right Of Notary Rejection In The Framework Of Maintaining The Confidentiality Of Deeds According To Law Of The Republic Of Indonesia Number 2 Of 2014 Amendment To Act Number 30 Of 2004 Concerning The Position Of Notary. Journal Of Adigama Law , 4 (1), 650–670.
FR, MI (2021b). THE RESPONSIBILITIES OF LAND MAKING OFFICIALS IN MAKING AUTHENTIC DEEDS THAT ADMINISTRATORS USED FAKE IDENTITIES AND SIGNATURE (CASE STUDY OF DECISION NUMBER 412/PDT/2018/PT. DKI). Journal Of Adigama Law , 4 (1), 580–601.
Harsono , B. (2007). Indonesian Agrarian Law : History Formation Constitution Tree Agrarian Affairs , Content And Implementation . (No Title) .
Indonesia, SNR (2004). Constitution Republic Of Indonesia Number 34 Of 2004 Concerning Indonesian National Army . Gazette Of The Republic Of Indonesia Year , 34 .
Indriani , D. (2016). Criminal Law Policy To Restrictions Authority Investigation To Notary ( Act Number 2 Of 2014 Concerning The Position Of Notary ). Fiat Justisia : Journal Law Science , 10 (1).
Lidiyana , M., & Rahayu, MIF (2021). The Legality Of Buying And Selling Of Houses With Agreement Under The Hand To Be Made Deed Of Sale And Purchase Without Parties Seller . Recital Review , 3 (2), 158–174.
Muchsin , T., Saliro , SS, Manullang , SO, & Miharja , M. (2020). Official Maker Land Deed In Terms Of Land Registration : A Overview Legal Authority And Consequences . Madani Legal Review , 4 (1), 63–80.
Sjaifurrachman , & Adjie, H. (2011). Aspect Accountability Notary Public In Making Deed . Mander Forward.
Susanto, AF, Rahayu, MIF, & Muliya , LS (2020). Law Community Of “Tatar-Sunda”: Preservation Of Forests And Climate Change. Utopía Y Praxis Latinoamericana , 25 (7), 165–170.
Wattimena, CN (2021). Legal Protection For Notaries With The Bad Faith Of The Presenter Incorrect Description .
Wijayanto , A. (2017). Legal Protection Against Criminalization Notary In Running Duties And Functions As General Officer Based Invite Invite Number 2 Of 202014 Concerning The Position Of Notary . Journal Deeds , 4 (4), 791–798.
Yunia , Nn, & Hidayati , R. (2020). Legal Protection For Notaries For Fake Information, Identity And Or Documents Submitted By The Parties To Use The Basis For Making Authentic Deeds. Significant , 1 (2), 65–73.
Published
Issue
Section
License
Copyright (c) 2023 Khairunnisa Riani Putri1, Mella Ismelina Farma Rahayu2*
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under aCreative Commons Attribution-ShareAlike 4.0 International (CC-BY-SA). that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
