Tanggung Jawab PPAT terhadap Pembuatan Akta Jual Beli sebagai Perjanjian Simulasi terhadap Perbuatan Hukum Utang - Piutang (Studi Pengadilan Negeri Bantul Nomor 12/Pdt.G/2018/PN.Btl)

Abstract

Legal issues frequently arise when loan agreements are disguised as sale and purchase deeds, as illustrated in Decision Number 12/Pdt.G/2018/PN.Btl. This situation raises fundamental questions regarding the existence of defects of will in the deed, the extent of the legal liability of the Land Deed Official (PPAT) for deeds that are later proven to be simulated agreements, and the legal consequences of sale and purchase deeds that do not actually reflect the free will of the parties. This issue is important to examine because it concerns legal certainty and the protection of parties who may suffer losses. This research employs a normative juridical method with a statutory, doctrinal, and case approach. Data were obtained through literature study and analyzed qualitatively, based on the legal certainty theory and the legal liability theory as the main analytical framework. The results indicate that a simulated sale and purchase deed contains a defect of will, because the agreement recorded in the deed was not formed freely. As a public official, PPAT has legal responsibility to ensure the accuracy and truth of the substance of the agreement; thus, negligence may result in legal consequences. A sale and purchase deed that constitutes a sham agreement may be annulled or even deemed null and void, and therefore considered to have never created any binding legal obligations. These findings emphasize the need for legal protection to uphold legal certainty