The Validity of Simulation Deeds Made by Land Deed Officials According to the Law of Treaties in Indonesia
DOI:
https://doi.org/10.46799/ajesh.v3i12.483Keywords:
Deed of PPAT, Simulation Deed, Agreement LawAbstract
The simulation of land sale and purchase deeds made by Land Deed Officials (PPAT) is an important concern in Indonesian treaty law. PPAT has the authority to make authentic deeds related to legal actions on land rights, often used as perfect evidence in trials. This research aims to analyze the validity of simulated deeds of land sale and purchase based on agreement law and evaluate legal remedies that can be taken against simulated deed cases. This research uses a normative juridical method with a doctrinal approach and explanatory research typology. Secondary data includes primary, secondary, and tertiary legal materials obtained through literature study. The results show that the simulated deed of sale and purchase of land conducted by PPAT formally fulfills the prescribed procedures but substantively does not meet the legal requirements of the agreement as stipulated in Article 1320 of the Civil Code. This is due to a defect of will in the form of fraud and abuse of circumstances by one of the parties. In addition, these actions violate legal provisions, especially Article 378 of the Criminal Code on fraud. The implications of this research emphasize the importance of the application of the precautionary principle by PPATs in preparing authentic deeds, as well as providing guidance for parties who feel aggrieved to take legal action to protect their rights.
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