Pembatalan Akta Jual Beli Hak Atas Tanah dengan Akta Notariil Karena Adanya Cacat Administrasi (Studi Kasus Pembatalan oleh Notaris/PPAT X di Kabupaten Kulon Progo)
DESIANA FAUZIAH YASMIN, Dr. R.A. Antari Innaka Turingsih, S.H., M.H.
2024 | Tesis | S2 Magister Kenotariatan
A Land Deed Official (PPAT) in Kulon Progo District failed to check the Sale and Purchase Deed, which had been made and signed by the parties. This resulted in an administrative defect in the Deed, which prevented the Deed from getting registered in the Land Office. The solution offered by the Land Deed Official (PPAT) is to prepare a notarial deed of cancellation of Sale and Purchase Deed due to administrative defects and to proceed with the new Sale and Purchase Deed. This research aims to examine the authority of a notary in making a notarial deed of cancellation of a Sale and Purchase Deed due to administrative defects, and to examine the legal consequences of cancelling a Sale and Purchase Deed using a notarial deed of cancellation due to administrative defects in Kulon Progo District.
This type of research is descriptive normative-empirical research. The subjects of this research consisted of resource persons, namely the Head of Rights Determination and Registration at the Kulon Progo District Land Office, a member of Notary Regional Supervisory Council of Yogyakarta and lecturers or academics from the Faculty of Law, Gadjah Mada University, as well as a respondent, namely Notary/PPAT X in the working area of Kulon Progo District. The method of data collection for this research is by literature study and interviews.
The results of this research conclude that based on Pasal 15 ayat (1) Undang-Undang Nomor 2 Tahun 2014 tentang Jabatan Notaris, notaries have the authority to make authentic deeds related to legal acts. In Kulon Progo District, the notarial deed of cancellation of Sale and Purchase Deed due to administrative defects is valid and binding on the parties. However, the making of the notarial cancellation deed is still being debated because there are differences of opinion among experts. Viewed from a Civil Law perspective, the notarial deed of cancellation is considered appropriate. It is different when viewed from the perspective of State Administrative Law which considers that the notarial deed of cancellation is inefficient.
Kata Kunci : Akta Jual Beli, Cacat Administrasi, Akta Pembatalan Notariil