Deed Of Sale Research Articles

The Role of Land Deed Officers in the BPHTB Payment Verification Process

PPAT plays an important role in the sale and purchase of land, which has indirectly helped the Head of Regency/City BPN to carry out activities related to land. PPAT's position is very important in the delivery of transaction prices as the basis for determining BPHTB to the public. The deed of sale and purchase is made when the object and the transaction price have been agreed upon and have been paid in full by the buyer, but before that, tax verification must be carried out as the main requirement in the land sale and purchase transaction. A potential source of tax that should be explored according to the current economic situation and condition as well as the development of the nation's development is the type of Customs Tax on the Acquisition of Land and Building Rights (BPHTB). Fee for the acquisition of land and building rights, hereinafter abbreviated as BPHTB, is a tax on the acquisition of land and building rights. The role of the Land Deed Maker Officer in the verification process for BPHTB payments in Batang City is to examine and supervise the signing of the deed. BPHTB tax collection exists because of the transfer of rights to land and buildings so that PPAT will make a deed of sale if the taxpayer pays the BPHTB tax first. The Land Deed Maker official plays a very important role in the verification process of BPHTB payments for sale and purchase transactions of land and building rights in Batang City.

Balik Nama Sertifikat Tanah Tanpa Adanya Akta Jual Beli

The purpose of this study is to find out the transfer of name of the land title without a deed of sale and purchase. This study uses a normative type of research which examines the rule of law, legal principles, legal doctrine and the existing legal system in our country. From this study, the results show that the Letter of Sale and Purchase of land/building is evidence of a legal sale and purchase transaction of land/building as long as there is an agreement between both parties and has fulfilled the legal requirements of the agreement as stipulated in the Civil Code. To transfer the name of a certificate based on a Sale and Purchase Agreement, it can be done on the basis of a decision from the court, in this case no longer through the Deed of Sale and Purchase of land and buildings, but the Law of Land registration regulates that to carry out a transfer of name, there must attach conditions, they are the original certificate, without the original certificate, anyone can't transfer the name, even though the buyer has control of the land/building but can't own it yet.

Tanggung Jawab Notaris yang Memalsukan Akta Perjanjian Pengikatan Jual Beli dan Kuasa Menjual (Studi Atas Putusan Pengadilan Negeri Denpasar Nomor 89/Pid.B/2020/PN.Dps)

This research examines the responsibility of a Notary who falsifies the Deed of Sale and Purchase Agreement and Authorization to Sell by conducting a study on the Denpasar District Court Decision Number 89/Pid.B/2020/PN.Dps. The problems formulated in this research are first, how is the responsibility of the Notary who falsifies the Sale and Purchase Binding Agreement and Sales Authorization Deed and second, how is the implementation of the responsibility to the Notary who falsifies the Sale and Purchase Binding Agreement and Selling Authorization Deed. This is a normative legal research with a statutory approach and analyzed using qualitative analysis methods. The results of this study conclude that first, responsibility of the Notary who falsifies the Deed of Binding Sale and Purchase Agreement and the Power to Sell is to provide sanctions, both administrative sanctions for violating several provisions in the Notary Position Act, civil sanctions due to the falsification of the deed has been cause harm to the owner of the original Certificate of Ownership, and criminal sanctions because the actions of the Notary have fulfilled the elements of a criminal act as regulated in Article 264 paragraph (1) Letter a of the Criminal Code jo. Article 88 of the Criminal Code. Second, the implementation of these responsibilities is not fully in accordance with what is regulated in the law. If it is based on the provisions of Article 13 of the Law on Notary Positions and Permenkumham Number 16 of 2016 concerning Procedures for Imposing Administrative Sanctions Against Notaries, the sanction given to notaries is dishonorable dismissal which causes the notary to have to submit the protocol and can no longer accept work in whatever form, but in reality the notary is still practicing in his position as a notary which can be concluded that the administrative sanctions given to the notary are not dishonorable dismissal. While the civil and criminal sanctions given are in accordance with what is regulated in the law, namely by giving a prison sentence of 2 months to a Notary.

Common Places: Sharing Spaces in Early Modern ‘Ordinary’ Houses

The debate on common spaces inside buildings is linked to twentieth-century forms of popular housing, often devoid of places and opportunities to share a space which is conceived as fragmented and not collective. In recent years, an interest in the appropriation of urban space from the bottom up and the unanimous recognition of the need for places to meet within (or annexed to) buildings, have led to the definition of these ‘intermediate spaces’ as an essential part of living together. Compared to these common spaces, early modern houses pose an essential question: how was proximity within buildings structured, prior to the birth of intimacy? The well-known different perception of promiscuity, in fact, allowed a different structuring of collective housing and a physical proximity that coexisted with the strong social distance sanctioned by inequality by birth. To answer this question, the article examines the types of intermediate spaces, called loci comuni – stairs, landings, passages and courtyards – rather well-known in noble residences, much less in the houses of the popular classes. Through sources such as the fund of the Presidenza delle strade, inventories, land registers, notarial deeds of sale of houses and experts’ estimations, the article will investigate the uses of these spaces made by their inhabitants.

The Legal Strength of the Deed of Power to Sell as the Basis for Transfer of Land Rights

In practice, the granting of a power of attorney to sell as above has caused the power to sell to be used as the basis for the process of making an AJB behind the name and at the same time being used as a registration tool for the transfer of land rights at the Land Office where the land is located. Meanwhile, the power of attorney to sell is accompanied by a statement from a notary that explains that the deed of power of attorney to sell is not an absolute power of attorney prohibited by law or that land and buildings as objects in the deed of power of attorney to sell have been paid in full. The procedure used to collect data in this study is in the form of documentation, namely the guidelines used in the form of notes or quotes, searching for legal literature, books and others related to the identification of problems in this study both offline and online. Analysis of legal materials is carried out using the content analysis method which is carried out by describing the material of legal events or legal products in detail in order to facilitate interpretation in the discussion. The granting of power of attorney is specifically regulated in Chapter XVI, book III of the Civil Code where Article 1792 states: "The grant of power of attorney is an agreement that contains the granting of power to another person who accepts it to carry out something on behalf of the person giving the power of attorney". Furthermore, Article 1793 of the Civil Code states: "Power can be given and received by a general deed, by a letter under the hand even by a letter or by word of mouth. The acceptance of a power of attorney can also occur secretly and is concluded from the exercise of that power by the authorized person. The process of transferring land rights based on the Selling Power of Attorney has a strong legal basis because there are no legal rules that are violated as argued and proven above. So it is correct to say that the Deed of Authorization to Sell has transitional power as well as in the process of transferring land rights through the Deed of Sale and Purchase, as long as no rules are violated in the transition process. The legal protection provided by PPJB is paid off and the power to sell to the buyer if the seller dies is very strong and perfect because of the evidentiary nature of PPJB and the power to sell made before a public official in this case a notary. This is a form of guarantee of legal certainty and as a form of legal protection for buyers who have paid the full price they have paid but have not been able to make AJB and reverse registration because one way or another there are conditions that have not been fulfilled

Juridical Analysis of Implementation of Rights Transfer to Land & Buildings with Sale and Purchase Deed

The purpose of this research is to analyze and find out: 1). Implementation of the transfer of rights to land and buildings with a deed of sale and purchase at the Land Office of Grobogan Regency. 2). Obstacles and solutions in the implementation of the transfer of rights to land and buildings with a deed of sale and purchase at the Land Office of Grobogan Regency. The approach method in this research is normative juridical. The data used are primary and secondary data obtained through interviews and literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1) The implementation of the transfer of rights to land and buildings with a deed of sale and purchase at the Land Office of Grobogan Regency, which starts with a sale and purchase transaction, after the sale and purchase is achieved, it must be AJB by PPAT and witnessed by the parties. PPAT must check the completeness of data such as certificates, proof of tax payments and complete identity of the parties. Furthermore, the PPAT Deed along with other files such as a registration application letter, land certificate or letter D, girik or other proof of ownership, identity of the parties, NPWP, marriage certificate and proof of payment of PBB tax payments are brought to the Land Office to be registered as a certificate of ownership for new land rights holders. After the registration process, the next step is to wait for data verification from the Land Office for the issuance of certificates. 2) Obstacles in the implementation of the transfer of rights to land and buildings with a deed of sale and purchase at the Land Office of Grobogan Regency, namely there are still many low levels of education, people are reluctant to take care of the transfer of land rights due to the costs which they think are quite high and will only take time. The length of the SOP (Standard Operational Procedure) for the Transfer of Name Certificate process, the lack of counseling given to the community regarding the importance of registering the transfer of land rights due to buying and selling, and land certificates. Solutions that can be done are to provide socialization or publish brochures, improve the performance of the Land Office through courses/training and improve administration because it is an organization of human resources.

Agreements on Individual Accounts using Guarantee of Certificate which Bound by Selling Deed

In ancient times it was customary for people to make loan agreements involving land. Land is also commonly loaned to other people under a lease agreement. In Indonesia, lending and borrowing agreements are regulated in Article 1754 of the Civil Code concerning debts and receivables. Accounts payable begins with an agreement between two legal subjects called debtors and creditors, then accompanied by the delivery of objects as collateral. Today, in the Limbangan sub-district, Kendal regency, Central Java, there is a practice of individual debt agreements with guaranteed land and building certificates with an area of 255 m² which are bound not by a Mortgage Deed (APHT), but using a Sale and Purchase Deed (AJB) and legalized by a Notary as Land Deed Maker Official (PPAT). The purpose of this study was to determine and analyze the validity of an individual debt agreement using a certificate guarantee bound by a Sale and Purchase Deed in Kendal regency. Another objective is to find out and analyze the responsibilities of a Notary to the making and registration of a Sale and Purchase Deed which is used as a guarantee for an individual debt agreement in Kendal regency. This study uses a research method in the form of Sociological Juridical which is also called field research. According to its nature, the research to be conducted has a descriptive analytical research type. The type of data used is primary data and secondary data, and data collection tools used are field studies and literature studies. Based on the discussion discussed in this study and the data that has been collected that the validity of the guarantee of property rights to land bound using a deed of sale and purchase in Kendal regency is legal and can be carried out according to legal certainty theory, as long as the main agreement of the guarantee is not Contrary to the provisions stipulated in Article 1320 of the Civil Code regarding the legal terms of the agreement, namely agreement, competence, a certain matter and a lawful cause. The powers and responsibilities of a notary in Kendal regency are in accordance with the theory of authority that has been described, namely attributive authority, delegative authority, and mandate authority and in carrying out his position to make and register the sale and purchase deed has been meticulous and thorough as mandated by article 16 paragraph (1) UUJN. However, the notary should still propose a guarantee agreement on land and buildings tied using mortgage rights not with a sale and purchase deed so that unwanted things do not happen that can harm both parties even though in fact the duties or responsibilities of the notary are basically not responsible for the contents. The deed made before him because the contents of the deed are the will and agreement desired by the parties.

Agreements on Individual Accounts using Guarantee of Certificate which Bound by Selling Deed

In ancient times it was customary for people to make loan agreements involving land. Land is also commonly loaned to other people under a lease agreement. In Indonesia, lending and borrowing agreements are regulated in Article 1754 of the Civil Code concerning debts and receivables. Accounts payable begins with an agreement between two legal subjects called debtors and creditors, then accompanied by the delivery of objects as collateral. Today, in the Limbangan sub-district, Kendal district, Central Java, there is a practice of individual debt agreements with guaranteed land and building certificates with an area of 255 m² which are bound not by a Mortgage Deed (APHT), but using a Sale and Purchase Deed (AJB) and legalized by a Notary as Land Deed Maker Official (PPAT). The purpose of this study was to determine and analyze the validity of an individual debt agreement using a certificate guarantee bound by a Sale and Purchase Deed in Kendal district. Another objective is to find out and analyze the responsibilities of a Notary to the making and registration of a Sale and Purchase Deed which is used as a guarantee for an individual debt agreement in Kendal district. This study uses a research method in the form of Sociological Juridical which is also called field research. According to its nature, the research to be conducted has a descriptive analytical research type. the type of data used is primary data and secondary data, and data collection tools used are field studies and literature studies. Based on the discussion discussed in this study and the data that has been collected that the validity of the guarantee of property rights to land bound using a deed of sale and purchase in Kendal district is legal and can be carried out according to legal certainty theory, as long as the main agreement of the guarantee is not Contrary to the provisions stipulated in Article 1320 of the Civil Code regarding the legal terms of the agreement, namely agreement, competence, a certain matter and a lawful cause. The powers and responsibilities of a notary in Kendal district are in accordance with the theory of authority that has been described, namely attributive authority, delegative authority, and mandate authority and in carrying out his position to make and register the sale and purchase deed has been meticulous and thorough as mandated by article 16 paragraph (1) UUJN. However, the notary should still propose a guarantee agreement on land and buildings tied using mortgage rights not with a sale and purchase deed so that unwanted things do not happen that can harm both parties even though in fact the duties or responsibilities of the notary are basically not responsible for the contents. the deed made before him because the contents of the deed are the will and agreement desired by the parties.

Legal Protection of PPAT-Notary in Making A Deed Based on False Information of Parties

The focus of this research has the following objectives: (1) legal certainty over the deed and the notary's responsibility for false statements of the parties; (2) legal protection for PPAT notaries who make a deed of sale and purchase based on false information from the parties. (3) an example of the waiver of rights if it turns out that there are false statements from the parties in accordance with article 51 paragraph 2 of the Criminal Code. This study uses a normative juridical research method, with the collection of literature study data, and the theory used is Hans Khelsen's Theory of Legal Protection. The results of the study conclude: (1) A notary deed will not have legal certainty if the notary as a public official (openbaar ambtenaar) who is authorized to make an authentic deed does not make a deed in accordance with applicable regulations or is carried out against the law. (2) Legal protection for a PPAT notary who makes a deed of sale and purchase based on the parties' false information is only based on the right of denial and good faith of the notary himself, if the notary does not have good faith, then the right of refusal does not apply. (3) Waiver of rights if it turns out that there is false information from the parties in accordance with Article 51 paragraph 2 of the Criminal Code, if the notary participates in the false information, then the notary cannot be free from punishment. Suggestions put forward: (1) The Public Prosecutor should add the related article into a claim in Article 264 Paragraph (1) in conjunction with Article 55 Paragraph (1) and 56 Paragraph (1) and Paragraph (2) of the Criminal Code. And there should also be a claim against the party who ordered to do this forgery and use this fake deed so that justice is truly served. (2) The Notary should be able to refuse requests from the appearers that are not in accordance with the provisions of the legislation, this is also a form of prudence of a Notary in order to avoid legal problems that will harm later. (3) Notaries should have and have good intentions to account for their actions.

Legal Protection of PPAT-Notary in Making A Deed Based on False Information of Parties

The focus of this research has the following objectives: (1) legal certainty over the deed and the notary's responsibility for false statements of the parties; (2) legal protection for PPAT notaries who make a deed of sale and purchase based on false information from the parties. (3) an example of the waiver of rights if it turns out that there are false statements from the parties in accordance with article 51 paragraph 2 of the Criminal Code. This study uses a normative juridical research method, with the collection of literature study data, and the theory used is Hans Khelsen's Theory of Legal Protection. The results of the study conclude: (1) A notary deed will not have legal certainty if the notary as a public official (openbaar ambtenaar) who is authorized to make an authentic deed does not make a deed in accordance with applicable regulations or is carried out against the law. (2) Legal protection for a PPAT notary who makes a deed of sale and purchase based on the parties' false information is only based on the right of denial and good faith of the notary himself, if the notary does not have good faith, then the right of refusal does not apply. (3) Waiver of rights if it turns out that there is false information from the parties in accordance with Article 51 paragraph 2 of the Criminal Code, if the notary participates in the false information, then the notary cannot be free from punishment. Suggestions put forward: (1) The Public Prosecutor should add the related article into a claim in Article 264 Paragraph (1) in conjunction with Article 55 Paragraph (1) and 56 Paragraph (1) and Paragraph (2) of the Criminal Code. And there should also be a claim against the party who ordered to do this forgery and use this fake deed so that justice is truly served. (2) The Notary should be able to refuse requests from the appearers that are not in accordance with the provisions of the legislation, this is also a form of prudence of a Notary in order to avoid legal problems that will harm later. (3) Notaries should have and have good intentions to account for their actions.

Implications of Falsifying Authentic Data in Deed of Sale & Purchase on Certificate of Building Use Rights (SHGB)

PPAT is a public official who is given the authority to make deeds as evidence that certain legal actions regarding land rights have been carried out in court. One type of deed made before the PPAT is the deed of sale and purchase (AJB). AJB made before PPAT is a formulation of the will of the parties contained in it. The notary is required to be responsible for the deed he has made, sometimes the deed made before the notary contains false information, fraud and even untruth and is often subject to Articles 263, 264, and 266 in conjunction with Article 55 of the Criminal Code. However, if it is found that there are violations committed by PPAT criminally, criminal sanctions can be imposed according to the Criminal Code. This research was conducted through a normative juridical approach, namely an approach to problems formulated by studying the provisions of laws and regulations relating to problems and comparing them with the application of laws and regulations. Data analysis was carried out by collecting primary and secondary data. Data analysis was evaluated qualitatively using interpretation and legal logic so as to obtain or strengthen an existing picture to answer problems based on laws and regulations using a deductive method. The results of this study indicate that the legal implications of falsifying authentic data on sale and purchase deeds made by PPAT are that the deed only has legal force as an underhand deed and the authentic deed can be canceled if the party claiming can prove it in court in court. The responsibility of PPAT who commits falsification of authentic data in making a deed of sale and purchase, can be held accountable before the law because his actions cause harm to others. In this case the forgery of the deed committed by the PPAT/Notary San Smith in a criminal manner, criminal sanctions can be imposed in accordance with the Criminal Code (KUHP), namely Article 266 Paragraph (1) in conjunction with Article 55 Paragraph (1) 1st of the Criminal Code with threats participated in entering false information and there were losses resulting from a forged deed, so that PPAT San Smith was sentenced to 1 year in prison in the Medan District Court Decision No. 3036/Pid.B/2009/PN.Mdn. Efforts are being made to overcome the problem of falsifying authentic data on the sale and purchase deeds made by PPAT, namely providing legal protection with the following steps: (a) formulating specific rules regarding the limitations of notary criminal liability in UUJN.

Implications of Falsifying Authentic Data in Deed of Sale & Purchase on Certificate of Building Use Rights (SHGB)

PPAT is a public official who is given the authority to make deeds as evidence that certain legal actions regarding land rights have been carried out in court. One type of deed made before the PPAT is the deed of sale and purchase (AJB). AJB made before PPAT is a formulation of the will of the parties contained in it. The notary is required to be responsible for the deed he has made, sometimes the deed made before the notary contains false information, fraud and even untruth and is often subject to Articles 263, 264, and 266 in conjunction with Article 55 of the Criminal Code. However, if it is found that there are violations committed by PPAT criminally, criminal sanctions can be imposed according to the Criminal Code. This research was conducted through a normative juridical approach, namely an approach to problems formulated by studying the provisions of laws and regulations relating to problems and comparing them with the application of laws and regulations. Data analysis was carried out by collecting primary and secondary data. Data analysis was evaluated qualitatively using interpretation and legal logic so as to obtain or strengthen an existing picture to answer problems based on laws and regulations using a deductive method. The results of this study indicate that the legal implications of falsifying authentic data on sale and purchase deeds made by PPAT are that the deed only has legal force as an underhand deed and the authentic deed can be canceled if the party claiming can prove it in court in court. The responsibility of PPAT who commits falsification of authentic data in making a deed of sale and purchase, can be held accountable before the law because his actions cause harm to others. In this case the forgery of the deed committed by the PPAT/Notary San Smith in a criminal manner, criminal sanctions can be imposed in accordance with the Criminal Code (KUHP), namely Article 266 Paragraph (1) in conjunction with Article 55 Paragraph (1) 1st of the Criminal Code with threats participated in entering false information and there were losses resulting from a forged deed, so that PPAT San Smith was sentenced to 1 year in prison in the Medan District Court Decision No. 3036/Pid.B/2009/PN.Mdn. Efforts are being made to overcome the problem of falsifying authentic data on the sale and purchase deeds made by PPAT, namely providing legal protection with the following steps: (a) formulating specific rules regarding the limitations of notary criminal liability in UUJN.

Urgence of Time Term Inclusion in Fulfillment of Rights & Obligations the Parties in Transaction Agreement

The binding agreement for the sale and purchase of land rights is a preliminary agreement made by the prospective seller and prospective buyer before the signing of the deed of sale and purchase before the PPAT. The contents are about the sale and purchase of land rights, but the format is only limited to a binding agreement made by a notary. The Sale and Purchase Binding Agreement is not specifically regulated, so the form and content vary according to the agreement of the parties who made it. However, in its implementation it is often not in accordance with what has been agreed, therefore it is necessary to have special rules so that the parties get legal certainty and protection. The purpose of writing is to describe and analyze the importance of setting the time period as well as the legal consequences that arise by not including the time limit of the rights and obligations of the parties involved. parties to the deed of agreement to bind the sale and purchase of land rights made before a notary. The method used in this study is a normative juridical approach using secondary data sources. The data collection technique used is literature study, then analyzed by qualitative analysis method using legal protection theory, legal certainty theory and justice theory. From the results of the research, it is concluded that: 1. The importance of the rules set by the government to specifically regulate the sale and purchase agreement deed so that the form of the deed made by a notary can provide legal certainty and protection. 2. The legal consequences of the absence of strict legal rules regarding the deed of agreement to bind the sale and purchase of rights to the land.

Urgence of Time Term Inclusion in Fulfillment of Rights & Obligations the Parties in Transaction Agreement

The binding agreement for the sale and purchase of land rights is a preliminary agreement made by the prospective seller and prospective buyer before the signing of the deed of sale and purchase before the PPAT. The contents are about the sale and purchase of land rights, but the format is only limited to a binding agreement made by a notary. The Sale and Purchase Binding Agreement is not specifically regulated, so the form and content vary according to the agreement of the parties who made it. However, in its implementation it is often not in accordance with what has been agreed, therefore it is necessary to have special rules so that the parties get legal certainty and protection. The purpose of writing is to describe and analyze the importance of setting the time period as well as the legal consequences that arise by not including the time limit of the rights and obligations of the parties involved. parties to the deed of agreement to bind the sale and purchase of land rights made before a notary. The method used in this study is a normative juridical approach using secondary data sources. The data collection technique used is literature study, then analyzed by qualitative analysis method using legal protection theory, legal certainty theory and justice theory. From the results of the research, it is concluded that: 1. The importance of the rules set by the government to specifically regulate the sale and purchase agreement deed so that the form of the deed made by a notary can provide legal certainty and protection. 2. The legal consequences of the absence of strict legal rules regarding the deed of agreement to bind the sale and purchase of rights to the land.

Juridical Analysis of Notary Responsibilities Relating to Deed of Sale and Purchase Binding Agreement (PPJB) that Causes Disputes

The purpose of this research is to analyze and find out: 1). The Notary's responsibility in making the sale and purchase binding agreement (PPJB) that he made. 2). The solution to the making of the sale and purchase binding agreement (PPJB) in the event of a dispute.The approach method in this research isnormative juridical. The data used are primary and secondary data obtained through interviews and literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). The Notary's responsibility in making the sale and purchase binding agreement (PPJB) that he made is if the sale and purchase agreement on land signed and made by a Notary made an error, it is not in accordance with the procedure for making it, then the Notary has legal responsibility to whom and to whom. who the deed of sale and purchase agreement is made, and if the Notary is proven to have made a mistake, whether intentional or unintentional, then the legal consequences that arise can be subject to sanctions according to the level of error or error in the binding deed of sale and purchase made by a Notary may be subject to sanctions including administrative sanctions 2). The solution to making a deed of sale and purchase binding agreement (PPJB) in the event of a dispute is through deliberation or through the courts. The aggrieved party can sue the party who caused the loss in court or by canceling the agreement that has been made by the parties. Dispute resolution using non-litigation or Alternative Dispute Resolution (ADR) is actually a family dispute resolution model compared to dispute resolution through judicial institutions which tend to be confrontational, taking into account wins and losses and ignores social elements in society. While the settlement through the judiciary is carried out if the deliberation efforts are not reached, then the settlement must be through the courts.

Legal Analysis of Notary Deals Buy & Sale Binding Agreement (PPJB)

The purpose of this study is to analyze and explain the legal analysis of the notarial deed of sale and purchase agreement (PPJB). To analyze and explain legal protection for the fulfillment of the rights of the parties if one of the parties defaults in the sale and purchase binding agreement (PPJB). The method used by the researcher is Empirical Jurisdiction and The specifications in this study are descriptive. Based on the results of the study that Legal analysis of the notarial deed of sale and purchase binding agreement (PPJB), namely this sale and purchase binding agreement deed does not provide legal certainty and protection to the parties regarding the agreement they made. The position of the Deed of Sale and Purchase Agreement is null and void due to the non-fulfillment of the legal requirements of an agreement. This sale and purchase agreement is carried out on the basis of an agreement even though the buyer knows that the object of the sale is a guarantee for the seller's debt to the bank.

Jurisdiction Overview Implementation of Rights Transfer to Land & Building Registration with Selling-Buying Deed

The purposes of this study are to: 1) Analyze the implementation of the registration of the transfer of rights to land and or buildings with a Sale and Purchase Deed at the Surakarta City Land Office. 2) Analyzing obstacles and solutions in the implementation of the registration of the transfer of rights to land and or buildings with a Sale and Purchase Deed at the Surakarta City Land Office. This research is a normative juridical approach, with descriptive analysis research specifications. Primary and secondary data collection was obtained by interview and literature study. The results of the research are: 1) The registration of the transfer of land and building rights with the Sale and Purchase Deed at the Surakarta City Land Office begins with the stage of implementing the sale and purchase transaction between the seller and the buyer. After that the sale and purchase transaction must be made a deed of sale and purchase by the PPAT, then by the PPAT it is brought to the Land Office to be registered as a certificate of ownership for the new land title holder. After the registration process, the next step is to wait for data verification from the Land Office for the issuance of certificates. 2). The obstacle in implementing the registration of the transfer of rights to land and or buildings with a Sale and Purchase Deed at the Surakarta City Land Office is that there are still many low levels of education resulting in a lack of public legal awareness, the length of the SOP for the Transfer of Name Certificates whose proof of ownership is still in the form of a Sub-district Register C (Letter C), and the lack of counseling provided to the community regarding the importance of registering the transfer of land rights due to buying and selling, and land certificates. 3). The solution to overcome obstacles in implementing the registration of the transfer of land and or building rights with the Sale and Purchase Deed at the Surakarta City Land Office is to provide or publish brochures about the importance of registering the transfer of land rights due to buying and selling, conducting counseling, improving human resources through courses/training and fixing the administration of the organization.

Jurisdiction Overview Implementation of Rights Transfer to Land & Building Registration with Selling-Buying Deed

The purposes of this study are to: 1) Analyze the implementation of the registration of the transfer of rights to land and or buildings with a Sale and Purchase Deed at the Surakarta City Land Office. 2) Analyzing obstacles and solutions in the implementation of the registration of the transfer of rights to land and or buildings with a Sale and Purchase Deed at the Surakarta City Land Office. This research is a normative juridical approach, with descriptive analysis research specifications. Primary and secondary data collection was obtained by interview and literature study. The results of the research are: 1) The registration of the transfer of land and building rights with the Sale and Purchase Deed at the Surakarta City Land Office begins with the stage of implementing the sale and purchase transaction between the seller and the buyer. After that the sale and purchase transaction must be made a deed of sale and purchase by the PPAT, then by the PPAT it is brought to the Land Office to be registered as a certificate of ownership for the new land title holder. After the registration process, the next step is to wait for data verification from the Land Office for the issuance of certificates. 2). The obstacle in implementing the registration of the transfer of rights to land and or buildings with a Sale and Purchase Deed at the Surakarta City Land Office is that there are still many low levels of education resulting in a lack of public legal awareness, the length of the SOP for the Transfer of Name Certificates whose proof of ownership is still in the form of a Sub-district Register C (Letter C), and the lack of counseling provided to the community regarding the importance of registering the transfer of land rights due to buying and selling, and land certificates. 3). The solution to overcome obstacles in implementing the registration of the transfer of land and or building rights with the Sale and Purchase Deed at the Surakarta City Land Office is to provide or publish brochures about the importance of registering the transfer of land rights due to buying and selling, conducting counseling, improving human resources through courses/training and fixing the administration of the organization.

Cancellation of Deed of Sale and Purchase of Land Rights and Deed of Granting Mortgage Based on Court Decision

This study is entitled "Cancellation of Deed of Sale and Purchase of Land Rights and Mortgage Deed Based on Court Decision". The first of this research aims to find out how the precautionary principles applied by PPAT in making the Deed of Sale and Purchase of Land Rights and the Mortgage deed Rights and the second is to find out and analyze the basis of legal considerations used by judges in deciding cases of cancellation of PPAT Deeds. This type of research in legal research is empirical, using a case approach that is supported by interviewing informants. Data analysis in this legal research uses qualitative analysis. The resource persons in this legal research are PPAT in Yogyakarta City, Bantul Regency and Kulonprogo Regency. Based on the results of the first research, that PPAT in making the Deed of Sale and Purchase of Land Rights and the Mortgage deed Rights must apply the precautionary principle as regulated in Article 22 of Government Regulation Number 37 of 1998 that the PPAT Deed must be read / explained its contents to the parties by attended by at least 2 (two) witnesses before being signed immediately by the parties, witnesses and PPAT, PPAT is obliged to apply the prudential principle to avoid problems that arise and harm the parties and to prevent the PPAT Deed being canceled and becoming not legally enforceable. Second, the basis for legal considerations used by the judge to cancel the PPAT deed was because the buyer committed tort and abuse of circumstances against elderly sellers who were sick, lived alone and could not read and write and were lied to by the Buyer's words.

Validity of the Sale and Purchase Deed Made by the Land Deed Official (PPAT) after the Seller Dies

The purpose of this study was to analyze the validity of the deed of sale and purchase made by the Land Deed Making Officer (PPAT) which was signed after one of the parties died and to understand the responsibilities of the Land Deed Maker Official for the deed he made which was signed after one of the parties died based on the Decision. Mataram District Court Number: 204/Pdt.G/2017/PN.Mtr. The type of research used is juridical-normative. The approach method used is a statutory approach, a conceptual approach, a case approach, and an analytical approach. Based on the results of the research, it can be concluded that: First, the Sale and Purchase Deed Number: 153/2012 on May 10, 2012, which was used as the basis for the transfer of land rights to SHM Number: 1921/Batu Layar in the Mataram District Court Decision Number: 204/ Pdt.G/2017/PN.Mtr., can be filed for cancellation to the court because it does not meet the legal requirements of an agreement as regulated in Article 1320 of the Civil Code, especially regarding the elements of the agreement of the parties making the agreement. Second, the buyer who is harmed as a result of the Sale and Purchase Deed can file a lawsuit to the District Court so that the PPAT concerned can be held accountable in the form of compensation for compensation costs. The PPAT concerned can also be held accountable administratively, by means of a Buyer who feels aggrieved can file a complaint with the Ministry of Agrarian Affairs and Spatial Planning/Head of the National Land Agency. Keywords: Deed of Sale and Purchase, PPAT, Validity, Liability. DOI: 10.7176/JLPG/112-13 Publication date: August 31 st 2021