Pertanggungjawaban Pejabat Pembuat Akta Tanah (PPAT) Atas Kelalaian dalam Hal Pembuatan Akta Jual Beli Sertifikat Asli Hak Atas Tanahnya Tidak Diserahkan (Studi Kasus Putusan Mahkamah Agung Nomor 361PK/PDT/2017)

Abstract

PPAT (Official empowers to draw up land deeds) as a public official in land affairs can possibly neglects in making deeds so that the persons appearing will be harmed as what occurs in the Supreme Court's Ruling No. 361.P K/Pdt/2017 in which the PPA does not receive the original certificate and check it. The research problems are how about the procedure of making sales contract before the PPAT, how about the role of the Supervisory Council in supervising PPAT that violates legal provisions, and how about the Legal consequence on PPAT for his negligence in making AJB which land certificate is not handed in, based on the stipulation. The research employs juridical normative and descriptive methods. The data consist of primary and secondary data collected through library research and field research. The result of the research shows that the procedure and requirements for making a sales contract before a PPAT are that PPAT is required to examine it in the Land Office whether its land rights or the ownership of the store house is correct. The role of the Supervisory Council is to foster and supervise PPAT The fostering of PPAT can be done by the Minister such as in making the policy on PPAT's implementation of PPAT's functions in giving direction, doing any necessary actions to make sure that PPAT has served well, and/or making sure that PPAT has done his job according to the code of ethics. The legal consequence, according to the civil law, is that compensation can be imposed on PPAT since compensation is imposed on those who have harmed other people. According to the criminal law, a criminal sanction can be imposed on PPAT according to Article 378 of the Criminal Code. The conclusion is that PPAT as a public official who can make sales certificates should comply with the procedure specified in the legal provisions and the PPAT Code of Ethics in order to give legal certainty to the deeds. It is recommended that the PPAT Supervisory Council perform fostering and supervision well and regularly in order to avoid legal problems today and in the future.