Pertanggung Jawaban Pejabat Pembuat Akta Tanah (PPAT) dalam Pembuatan Akta Jual Beli dengan Menggunakan Blangko Kosong (Studi Putusan Mahkamah Agung Nomor 2082 K/Pdt/2017)

Abstract

The population growth and economic development in Indonesia have driven an increase in land sale and purchase transactions requiring legal certainty in the process. Land Deed Officials (PPAT) play a crucial role as authorized officials in creating authentic deeds related to land ownership transfers. However, various legal issues persist in practice, including the use of blank forms in the preparation of sale and purchase deeds, which became the core issue in the Supreme Court Decision No. 2082 K/PDT/2017. This research aims to examine the authority of PPATS concerning the use of blank forms based on prevailing regulations, the reasons why PPATS must be held accountable for errors related to blank forms in sale and purchase deeds as reflected in the Supreme Court Decision No. 2082 K/PDT/2017, and the legal protection for involved parties affected by such practices.

This study employs a normative juridical method with a descriptive- analytical approach, analyzing primary legal materials such as statutory regulations and the Supreme Court Decision No. 2082 K/PDT/2017, secondary legal materials including legal literature, and tertiary legal materials as supporting references. Data collection is conducted through library research and analyzed qualitatively to address issues related to the authority and accountability of PPATS in deed preparation.

Based on the Supreme Court Decision No. 2082 K/PDT/2017, signing land sale and purchase deeds using blank forms by PPATs constitutes an unlawful act inconsistent with Indonesian legal provisions. This action may downgrade the status of the deed from an authentic deed to a private deed, potentially leading to dishonorable dismissal and liability for compensating affected parties. Although PPATS are mandated by the government to prepare forms, they must adhere to procedures set by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency, including the obligation to read the deed before signing to ensure the parties' understanding of its contents.

Keywords: Accountability, Land Deed Officials (PPAT), Sale and Purchase Deed.