Tanggung Jawab Pejabat Pembuat Akta Tanah (PPAT) atas Pembuatan Akta Hibah Tanpa Sepengetahuan Pemberi Hibah (Studi Putusan No. 83/Pdt.G/2022/PN Cbn)

Abstract

The transfer of land rights through grants is regulated in laws and regulations and requires the existence of an authentic deed made by PPAT. However, in practice, there are often irregularities, such as in the Cirebon District Court Decision Number 83/Pdt.G/2022/PN Cbn, where PPAT made a grant deed without the grantor's knowledge, thus causing losses and resulting in the deed being null and void. This issue highlights the importance of PPAT's responsibility in making grant deeds to prevent abuse of authority by PPAT. The formulation of the problem in this study is: how to transfer land rights through grant deeds; what are the legal consequences of grant deeds made without the knowledge of the grantor; and how is PPAT's responsibility for making grant deeds without the knowledge of the grantor in the Cirebon District Court Decision Number 83/Pdt.G/2022/PN Cbn. The method used in writing this thesis is normative legal research, which is legal research that examines laws that are conceptualized as norms or rules that apply in society, and become a reference for everyone's behavior in order to obtain secondary data that is analyzed qualitatively, with the nature of descriptive research. The results of the study show that in the implementation of the Transfer of Land Rights through Grants carried out as stipulated in Government Regulation No. 24 of 2016, the requirements for making a Grant Deed before the PPAT must meet Article 1320 of the Criminal Code, and the procedure for the transfer of land rights through grants is carried out by preparing for the making of a grant deed, making and signing a grant deed and registering the registration of the transfer of land rights or grant deed to the Land Office. The legal consequences for PPAT for making a grant deed without the grantor's knowledge, as in Decision Number 83/Pdt.G/2022/PN Cbn, show that the deed was declared null and void because it was carried out without the knowledge and presence of the grantor. PPAT's responsibility in this case is to pay immaterial damages to the Plaintiff in the amount of Rp47,019,960,000.00 (forty-seven billion nineteen million nine hundred and sixty thousand rupiah).