Transfer of Debt Collateral Object in a Deed of Sale and Purchase (Study of Tangerang District Court Decision number: 1096/Pdt.G/2022/PN.Tng)
DOI:
https://doi.org/10.46799/ajesh.v4i1.503Keywords:
Authentic Deed, Accounts Payable, Sale and PurchaseAbstract
An authentic deed made by a Land Deed Official (PPAT) has an important role in providing legal certainty for legal actions, such as transferring land rights or ownership rights over apartment units. However, violations of the precautionary principle in making authentic deeds by PPATs are still found, such as in the case of Tangerang District Court Decision number 1096/Pdt.G/2022/PN.Tng, where the deed was made not in accordance with the actual circumstances. This research aims to analyze the legal consequences of a Sale and Purchase Deed that is not in accordance with the principle of prudence and the responsibility of the PPAT in this matter. The research method used is doctrinal legal research with data collection through literature study, then analyzed qualitatively. The results show that an authentic deed made not in accordance with the actual circumstances can be declared null and void so that the agreement in it is considered never to have occurred. In addition, the responsible PPAT may be subject to civil sanctions in the form of compensation, administrative sanctions in the form of temporary dismissal for up to one year in accordance with Regulation of the Minister of ATR/BPN Number 2 of 2018, as well as sanctions based on the PPAT Code of Ethics. The implications of this research provide an important understanding of the need for supervision and application of the precautionary principle by PPATs to avoid legal losses for the parties involved.
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Copyright (c) 2025 Anindya Ratri Widyadari

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