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

Abstract

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