Responsibilities of Land Deed Making Officials (PPAT) for Sale and Purchase Deed whose Payment Has Not Been Paid

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.