Vika Fransisca
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Asian Journal of Engineering, Social and Health
Volume 3, No. 12 December 2024
Volume 3, No. 12 December 2024 - (2673-2682)
p-ISSN 2980-4868 | e-ISSN 2980-4841
https://ajesh.ph/index.php/gp
Responsibilities of Land Deed Making Officials (PPAT) for Sale and
Purchase Deed whose Payment Has Not Been Paid
Namira Khalda Athiyyah1*, I Made Priadharsana2
Universitas Indonesia, Indonesia
Emails: namira.khalda15@gmail.com
ABSTRACT
The transfer of land rights through a Sale and Purchase Deed has been debated both in theory and
practice. This is evident in cases such as South Jakarta District Court Decision Number 735/Pdt.G/2021,
where payment for the sale and purchase of land rights has not been made in full. This research aims to
analyze the application of the principle of light and cash in land sale and purchase transactions where the
payment has not been paid in full and to examine the legal responsibility of the Land Deed Official (PPAT)
in making a Sale and Purchase Deed that does not adhere to the principle. This research method uses a
doctrinal approach by analyzing legal materials, both in the form of legislation, jurisprudence, and existing
legal concepts. The results show that the principle of light and cash is a fundamental requirement in land
sale and purchase transactions. If this principle is not fulfilled, then the transaction becomes null and void
because it is contrary to the law. Furthermore, the PPAT who is responsible for making a Sale and Purchase
Deed that violates this principle can be held legally liable either civilly, criminally, or administratively. This
research has implications for underscoring the importance of compliance with the principle of light and
cash in land transactions to ensure legal certainty and protect the rights of all parties. The research also
highlights the need for stricter supervision and accountability mechanisms for PPATs to uphold the
integrity of land sale and purchase deeds.
Keywords: Deed of Sale and Purchase, PPAT Responsibility, Unpaid Payment.
INTRODUCTION
The act of buying and selling is part of a form of civil legal act, if a case occurs resulting from
the act, it can be accounted for, prosecuted, and prosecuted in court (Kusumahpraja, 2021). The
definition of buying and selling is found in Article 1457 of the Civil Code, namely, buying and
selling is a binding agreement, the seller promises to deliver an item or object and the buyer
binds himself to pay the promised price (Tarmudi & Putra, 2023). The sale and purchase of land
has the same principle as an agreement in general that in principle an agreement between 2
(two) or more parties, where the agreement must occur between the two parties, namely the
seller and the buyer must meet the elements in Article 1320 of the Civil Code (Hanafiiah &
Apriani, 2022).
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In the sale and purchase transaction, the delivery of objects and payments are made based
on the will of the parties contained in the Sale and Purchase Deed made by the Land Deed Making
Officer (hereinafter referred to as PPAT) (Febriyana, 2021). PPAT in carrying out its duties and
functions is based on an applicable norm, namely Government Regulation Number 37 of 1998 as
amended by Government Regulation Number 24 of 2016 concerning Regulations on Land Deed
Making Officials. In activities to transfer land rights, it must be done in front of PPAT by making a
deed of engagement based on Article 1 of Government Regulation Number 37 of 1998 as
amended by Government Regulation Number 24 of 2016 (Hamonangan et al., 2021).
Based on the Basic Agrarian Law Number 5 of 1960 (hereinafter referred to as UUPA) and
Government Regulation Number 24 of 1997 concerning Land Registration (hereinafter referred
to as PP 24/1997), it is emphasized that the sale and purchase of land must be carried out with a
deed made by and before PPAT (Lambonan, 2018). The deed made by PPAT proves that there is
a legal act of transfer of land rights and serves to provide legal certainty over land and become
one of the sources for data maintenance.
The sale and purchase agreement has essential elements, namely the existence of goods
and prices (Wang et al., 2024). This element is an absolute element that must be present in the
act of buying and selling and in carrying it out must be carried out in light and cash (Damayanti,
2020). Cash in the sense that payment for the object to be transferred must be carried out
immediately as well as the delivery of the purchased object must be done in a transparent
manner, so as to avoid fraud.
The nature of light and cash in Indonesian Land Law comes from Customary Law, which is
the original law of the indigenous group (Arliman, 2018). Customary Law is used in the Law of
Indonesian Land because in the UUPA there are still incomplete rules, so to avoid legal voids,
Customary Law is used to complete it, this is stated in Article 58 of the UUPA, namely:
"As long as the regulations for the implementation of this Law have not been formed, the
regulations, both written and unwritten regarding the earth and water and the natural
resources contained therein and the rights to land, which existed at the time of the entry
into force of this Law, shall remain in force, as long as they do not conflict with the spirit of
the provisions of this Law and are interpreted accordingly."
This means that the sale and purchase of land rights in Indonesia adheres to the nature of
customary law, namely the nature of light and cash. According to (Salim, n.d.) o, light is defined
as a legal act carried out in front of an authorized public official, namely PPAT, while cash is
interpreted as the agreed purchase and sale price that must be paid in cash/in full. If the buyer's
obligation has not been fulfilled to pay off the payment, then the buying and selling process
cannot be carried out (Zhou, 2014).
In practice, buying and selling can be carried out on tough terms, it can be called a
conditional agreement (voorwarrdelijke). A conditional covenant is an engagement that is hung
on an event in the future, still not necessarily going to or happening. This can hinder the act of
Responsibilities of Land Deed Making Officials (PPAT) for Sale and Purchase Deed whose Payment Has
Not Been Paid
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buying and selling, which can be divided into 2 (two), namely the factor that the requirements in
the Law have not been fulfilled or from the factor of agreement between the seller and the buyer,
for example about the payment mechanism.
The form of the agreement in the Deed of Sale and Purchase has perfect proof, namely with
the Authentic Deed. Authentic deeds are regulated in Article 1868 of the Civil Code. According
to (Nurmayanti, 2017), an authentic deed is theoretically formulated as a letter or deed that was
deliberately officially made for proof. The intention from the beginning is deliberately meaning
that from the beginning the letter or deed has a purpose, namely to prove in the future if a
dispute occurs.
In the initial process of buying and selling a plot of land and there has been an agreement,
the process of transferring rights between the parties transfers it to PPAT for the preparation of
the Sale and Purchase Deed and then it is used as a completeness for making land certificates. So
that the transfer of land rights cannot be carried out without complying with the applicable laws
and regulations. This is done to ensure certainty and legal order in the buying and selling. The
process of buying and selling is only carried out on land owned based on land rights, thus the
seller is the party who has the right and legally according to the law to sell the land to the buyer.
Based on the results of observations, there are still many practices of buying and selling
land whose payments have not been paid in full or are made in installments. With this practice,
it can cause problems in the future if the buyer cannot pay or cannot pay it off (default). As
happened in Decision Number 735/Pdt.G/2021/PN Jkt.Sel, there is a buyer who has not
completed his obligations, namely paying off the payment, but the Deed of Sale and Purchase
has been made in advance so that the land has indirectly transferred its rights from the seller to
the buyer.
Based on the above background, the purpose of this research is to analyze the application
of the principles of light and cash in the process of buying and selling land, especially in the case
of unpaid payments, and to examine the legal responsibility of the Land Deed Official (PPAT) for
making a Sale and Purchase Deed that does not meet the principles of light and cash. This
research aims to provide a deeper understanding of the importance of the fulfillment of these
principles in maintaining legal certainty in the process of buying and selling land in Indonesia.
The benefit of this research is to contribute to the development of legal practices related
to land sale and purchase, especially for PPATs in carrying out their duties in accordance with
applicable legal principles. This research is also expected to be a reference for parties involved in
land sale and purchase transactions to understand the legal consequences that can arise from
violations of the principle of light and cash. In addition, the results of this research are expected
to be used as a reference to improve regulation and supervision in the process of making sale
and purchase deeds, in order to prevent potential disputes in the future.
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RESEARCH METHOD
Methodology essentially provides guidelines for the ways in which a scientist studies,
analyzes, and understands the environment he or she faces. Research is a scientific activity
related to analysis and construction that is carried out methodologically, systematically, and
consistently. Legal research is a scientific activity that is based on certain methods, systematics,
and thoughts that have the purpose of researching one or several specific legal phenomena, by
analyzing them.
The research method used in this research is doctrinal law that refers to legal norms with
a normative juridical approach. The use of methods in this writing is through library materials or
secondary data relating to legal principles or referred to as normative legal research or library
legal research. The data source used is secondary data which includes literature, journals, books
that discuss relevant research results.
RESULTS AND DISCUSSION
Case of Decision Position Number 735/Pdt.G/2021/PN Jkt.Sel
PT VIP as the Plaintiff and PP Company as the Defendant. The plaintiff is the owner of the
building who wants to sell the building to the Defendant at the agreed price, which is
Rp195,000,000,000.- and is bound by PPJB No. 155 made before PPAT. In the PPJB, it is regulated
regarding the payment mechanism in stages, namely the first stage of IDR 50,000,000 and the
second stage of IDR 194,950,000,000.
The defendant has paid the first phase of funds and he has reason that he does not have
enough funds to make the second phase of payment in accordance with the specified deadline,
namely December 20, 2019, because the deadline has passed, so the parties made a Deed of
Cancellation No. 87 which canceled PPJB No. 155, So that the deed is void according to the law.
Furthermore, the parties made a new agreement, namely Deed of Agreement No. 88 which
contains an agreement on the payment system for the purchase of the Building with 3 (three)
stages of payment, namely the first stage of Rp50,000,000.- which has been paid, the second
stage of Rp60,000,000,000.-, and the third stage of Rp134,950,000,000.- accompanied by a fine
for the payment of delayed payment compensation funds for a period of 1 (one) month of
Rp600,000,000.- based on Article 2 of the Deed of Agreement No. 88.
The Defendant did not have enough funds to be able to buy the Building and stated that it
could only undertake a payment of Rp60,500,000,000.- and to meet the needs of the repayment
payment, the Defendant promised to pay it off after getting a loan from the Bank. However, one
of the requirements for applying for a loan at the Bank is to be the owner and be equipped with
ownership documents that will be used as collateral.
The Defendant submitted an application to the Plaintiff to transfer the rights first (change
the name of the ownership certificate) in order to apply for a loan and the funds were used for
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the payment of the repayment of the purchase of the Building to the Plaintiff. Based on the clause
in the Deed of Agreement No. 88, on the basis of good faith and trust between the parties, the
Plaintiff agreed to the process of changing the name of the Building based on the Deed of Sale
and Purchase No. 83 despite the fact that the realization of the payment has not been paid
because the payment was made later after the disbursement of the Bank's loan.
Therefore, the legal obligation for the Defendant to carry out the achievement to the
Plaintiff is to repay the Building in the amount of Rp134,950,000,000.- and then pay the
compensation fund for 1 (one) month of delayed payment of Rp600,000,000.- and if the late
repayment is in accordance with the specified period, the Defendant is obliged to pay a late
penalty of 1% (one percent) of the amount of payment owed, which is Rp134,950,000.- for each
day of delay to the Plaintiff. The Defendant only made the repayment on April 15, 2020, which
should have been the deadline given by the Plaintiff on January 31, 2020. So, the total number
of days of late payment is 74 days so that the total fine for late payment of the Building is IDR
9,780,000,000.-.
The plaintiff has tried to resolve the problem through deliberation, namely by sending
several warning letters regarding the lack of payment for the purchase and sale of the building.
In fact, the building has been handed over and used by the Defendant as an office and the name
of the building has been changed to "PP Building", but the obligation to realize the payment that
must be paid to the Plaintiff has not been paid. Here it is very clear that the Defendant has bad
faith.
Position of Sale and Purchase Deed whose Payment Has Not Been Paid Off
The transfer of land rights through buying and selling is a legal act of transferring rights
forever from seller to buyer and there is payment from buyer to seller, either paid in full or
partially paid, which is carried out in light and cash (Muslim & Arsin, 2023). The transfer of land
rights occurs to the buyer when the Deed of Sale and Purchase is made before PPAT signed by
the parties.
The deed made by and before PPAT is a tool to prove that the sale and purchase has
occurred in the context of registering the transfer of rights. The Deed of Sale and Purchase is
useful to guarantee the rights and obligations of the parties and to avoid problems regarding land
rights in the future and is used as proof by the parties in the agreement that an agreement has
occurred in the form of sale and purchase (Rosadi, 2020). The deed made by PPAT adheres to the
principle of documentation, namely proving land rights is carried out with written
documentation.
The transfer of land rights through buying and selling based on the Indonesian Agrarian Law
adheres to the principle of light and cash. This turns out to be in Article 5 of the UUPA, namely:
"Agrarian law that applies to the earth, water, and space is customary law, as long as it
does not conflict with national and state interests, which is based on national unity, with
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Indonesian socialism and the regulations listed in this Law with other regulations,
everything by heeding the elements based on religious law."
Meanwhile, according to Boedi Harsono, the principle of light and cash is a customary law
principle embraced in the Indonesian National Land Law, namely:
"As a law that complements the positive land law written in customary law, it is not outside
or in conflict with or contrary to national land law. These customary law norms are part of
the national land law, that is, they are part of the unwritten part."
So, the transfer of land rights through buying and selling is sourced from Customary Law.
The sale and purchase of the land moved because it has a bright and cash nature. Light and cash
means the handover of land rights in front of authorized public officials, in this case PPAT and the
payment are made simultaneously. The signing of the sale and purchase deed that is not followed
by full payment has certainly been known and agreed upon by the parties. However, the
mechanism of the remaining payment cannot be stated in the sale and purchase deed, because
in Perkaban Number 8 of 2012 there is an article in which the seller has received the purchase
money in full (Fauzi, 2016).
Article 1338 of the Civil Code states that all agreements made legally based on the
agreement of the parties become binding for both parties as the Law applicable to the parties
(Sinaga, 2020). Therefore, the agreement that has been made cannot be withdrawn other than
for the reason that the Law declares sufficient for it. An agreement must be implemented in good
faith, the parties have good faith but as time goes by, it is the outside party that becomes the
obstacle. This action has clearly violated Article 1320 and Article 1338 of the Civil Code, even
though the agreement is still stated in the Deed of Sale and Purchase and the deed is still signed
that is not in accordance with reality.
Regarding this, the deed made by PPAT must be in accordance with the agreement
contained in Article 1320 of the Civil Code regarding the validity of an agreement that must meet
the conditions for the validity of the agreement, namely:
1. Both parties to bind themselves in a mutually agreed agreement.
2. The seller and buyer are appropriate in carrying out legal acts or are capable of making an
engagement.
3. A certain thing in the agreement is more of an object of the agreement which means the
existence of the object of the agreed object.
4. A cause that is halal in a legal document and there is no swearing defect from the mutually
agreed agreement.
If one of the four conditions is not met, then the strength of the deed does not have perfect
evidentiary power due to legal defects.
Based on the description above, it can be known that the Deed of Sale and Purchase can
be said to be valid if it meets the conditions for the validity of the agreement other than those
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specified in Article 1320 of the Civil Code, which is also specifically regulated in the relevant laws
and regulations (Hapsari, 2018). If the agreement is made in a way that violates existing
laws/regulations, then the consequence is that the agreement can be null and void if the
agreement is made by force, negligence, and fraud. Meanwhile, if you look at the case of buying
and selling land and buildings above, the principle of light and cash is not fulfilled because the
deed that has been made and read out by PPAT states that the payment is paid in cash, but the
fact is that the payment has not been received in full or has not been paid off. The agreement in
the Deed of Sale and Purchase should not be enforceable because it does not meet the nature of
light. The agreement should not be continued because it violates the law or decency.
Responsibility of PPAT in Making Deeds of Sale and Purchase that Do Not Meet the Principle of
Light and Cash
Every action is inseparable from responsibility, both actions in the name of the person,
profession, and position attached to it. Responsibility will arise because there is a causal
relationship between the party who entrusts them to carry out their duties and authorities or
gets a mandate to carry out something that is carried out based on a certain profession for the
benefit of the party who gives the task or mandate. If the work is good and in accordance with
the rule of law, then it can be said that the action has fulfilled the duties for which it is responsible.
Likewise, if the work is not good and not in accordance with the rule of law, then the action can
pose a risk of legal uncertainty and the potential for disputes.
Accroding to (Palenewen, 2022), PPAT is a public official so the deeds he makes are an
authentic deed. If there is a problem with the deed that it makes, then the court does not need
to check the correctness of the contents, signatures of the parties, and the validity of the deed,
as long as the authentic deed made by the original PPAT and cannot be proven to be forged,
fraudulent, then it is possible that the deed is declared null or void.
One of the duties and responsibilities of PPAT is to make and issue authentic deeds
requested by the parties in undergoing civil relations as well as related issues, namely the sale
and purchase of land and buildings that do not meet the requirements of light and cash, which
has been mentioned above that there are conditions that are not met, but PPAT still makes the
deed and the parties are asked to sign the Deed of Sale and Purchase, so that a lawsuit arises by
the aggrieved party who asks for accountability to the Defendant.
The existence of a Sale and Purchase Deed made before PPAT is a sign of proof that the
bright, cashy, and tangible nature has been fulfilled. PPAT in making a Deed of Sale and Purchase
is proof that a specific legal act related to land has been carried out and must still pay attention
to the basic provisions contained in the sale and purchase of land.
Buying and selling in realizing a legal certainty in every transfer of land rights must be
proven by a deed made by and/or before PPAT, meaning that the role of PPAT is very important
in implementing the Law because it must really pay attention to the transfer of land rights whose
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payment has not been paid off (Saleh & Kamello, 2014). PPAT must determine a firm stance not
to make the Deed of Sale and Purchase before all payments are paid off, even though it is paid in
stages.
The role of PPAT is very important and has its relationship with the transfer of land rights
whose payment has not been paid off, because the Sale and Purchase Deed is made before PPAT,
even though the content of the deed is based on the will of the parties, but PPAT can still be a
determinant if the wishes of the parties are contrary to the Law (Luthfi & Khisni, 2018). The Deed
of Sale and Purchase made does not meet the agreement and does not fulfill the principle of light
and cash even though in reality both parties sign the deed that has been read as if the seller has
received all the payment. The deed read by PPAT is not in accordance with what happened and
is not in accordance with the provisions, the deed can be asked to be canceled but in this case
the parties still sign which according to the author is unnatural.
PPAT in carrying out its position is subject to the Code of Ethics of the Association of Land
Deed Making Officials Number 112/KEP-4.1/IV/2017, in Article 1 number 2 of the PPAT code of
ethics aims to maintain integrity, professionalism, and work ethics (Amrullah, 2017). The code of
ethics covers various aspects, in addition to integrity, the existence of a relationship with
confidentiality, fairness, quality of service, honesty, and professional responsibility. PPAT must
be based on honesty, integrity, independence, and impartiality in carrying out its duties. The
honesty and integrity of PPAT are crucial to always maintain the trust of the public. PPAT in
making a deed must ensure that the requirements of the parties in making the deed have been
met. In this case, PPAT ensures that the condition for carrying out a sale and purchase deed is
the fulfillment of the principles of light and cash. The principle of light and cash in buying and
selling cannot be ignored, because the principle of light and cash is the heart of agrarian law in
the act of buying and selling law.
Before carrying out the sale and purchase, PPAT first asks the seller about the payment of
land that has been paid off by the buyer. PPAT needs to make sure by asking for proof of payment
of repayment by the buyer. This is necessary in order to fulfill the principle of light and cash in
buying and selling. Certainty of payment must be made because in buying and selling it is required
that the land has been paid in full by the buyer, if the land has not been paid off, PPJB should be
made until the payment is paid in full. If PPAT knows that the land to be bought and sold has not
been paid off by the buyer, PPAT should not be allowed to carry out the AJB because it is related
to his position acting honestly. PPAT as a public official is sure to know that the requirements of
the bright and cash principles must be fulfilled in the AJB. By continuing to carry out AJB without
fulfilling the principle of transparency and cash, PPAT has committed violations in its position due
to dishonesty and not maintaining integrity. PPAT who have committed violations in their
positions can be held accountable civilly, criminally, and administratively. Civil liability can be
carried out by requesting compensation from PPAT and requesting the cancellation of the deed
made. Criminal liability can be carried out if PPAT has fulfilled the criminal elements related to
Responsibilities of Land Deed Making Officials (PPAT) for Sale and Purchase Deed whose Payment Has
Not Been Paid
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the violation committed. Administrative liability can be imposed in the form of reprimands,
warnings, temporary dismissals, dismissals, and disrespectful dismissals from IPPAT association
members.
CONCLUSION
The conclusion in this research shows that the principle of light and cash is a fundamental
principle in the making of a land sale and purchase deed. A sale and purchase deed made without
fulfilling this principle, such as in the case of unpaid payments, cannot be considered legally valid.
Based on Perkaban No. 8/2012, the sale and purchase deed must include a statement that the
seller has received the purchase money in full. If the principle of light and cash is not met, the
land sale and purchase transaction becomes null and void because it is contrary to the laws and
regulations. In addition, a PPAT who continues to execute a sale and purchase deed without
fulfilling this principle has violated the provisions of the law and the professional code of ethics.
Such violations may result in the PPAT being legally liable either civilly, criminally, or
administratively. The contribution of this research in the future is to provide a scientific basis for
improving regulation and supervision of the implementation of PPAT duties, especially in
ensuring compliance with the principle of light and cash. This research can also serve as a
reference for PPATs to understand the legal risks inherent in not complying with this principle in
making a deed of sale and purchase. In addition, the results of this research are expected to serve
as a reference for policy makers to develop stricter and more detailed guidelines in the land sale
and purchase process, in order to increase legal certainty and prevent land disputes in the future.
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Namira Khalda Athiyyah, I Made Priadharsana (2024)
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Asian Journal of Engineering, Social and Health (AJESH)
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