Cancellation Of The Sale And Purchase Deed Made Before PPAT (Case Study Of The Decision Of The Rantau Prapat District Court Number: 19/Pdt.G/2013.PN.Rap And Decision Of Medan High Court Number: 53/PDT/2015/PT-MDN)

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Cancellation of the Sale and Purchase Deed in Front of PPAT: Analysis of the Case of the Decision of the Rantau Prapat District Court Number 19/Pdt.G/2013.PN.Rap and Decision of Medan High Court Number 53/PDT/2015/PT-MDN

Introduction

The sale and purchase agreement or transfer of rights is a crucial process in the real estate industry, and it must be carried out in accordance with the conditions determined by the law. If these conditions are not met, then the Deed of Sale and Purchase Agreement can be declared null and void or can be canceled. In this context, the sale and purchase deed that is considered null and void is a deed whose subjective conditions are not met. On the other hand, the sale and purchase agreement that can be canceled is still considered to exist from the beginning, but can be declared invalid by the court at the request of related parties due to the not fulfilling the terms of the agreement.

Background of the Study

This research focuses on the procedure for canceling the sale and purchase deed and responsibility of the Land Deed Making Officer (PPAT) on the sale and purchase deed which is declared null and void by law by the court's decision. The research method used is normative research with a normative juridical approach. This type of research is descriptive analytical, where data is collected from primary and secondary sources, then analyzed qualitatively with deductive methods.

Case Study

The case in the highlight in this study is related to the cancellation of the buying and selling deeds made in front of PPAT. In this case, the Defendant made a sale and purchase agreement without the knowledge of the aid, which was the basis for making a deed. In the trial, it was revealed that the Defendant deliberately falsified the sale and purchase agreement, including falsifying the signature of the witnesses listed in the agreement. The judge considers that this action is an act against the law, so that the sale and purchase deeds made in front of PPAT are declared null and void.

Analysis of the Case

From this study, it can be concluded that in the procedure for the cancellation of the sale and purchase deed, it is necessary to note whether there are deviations from material and formal requirements in making deeds by PPAT. If there are deviations, the legal process through a civil suit in court can be taken. Furthermore, if the sale and purchase deed made by PPAT turns out to contain legal flaws, PPAT is responsible for the deed both administratively, civil, and criminal.

Decision of the Court

In deciding the case of the cancellation of the sale and purchase of the sale, the judge refers to Article 1320 of the Civil Code (KUH Civil). By referring to this article, the judge can determine whether the action contains an element of act against the law or not. This is crucial in deciding whether the sale and purchase certificate is valid.

Conclusion

Therefore, it is important for all parties involved in the buying and selling process to understand and comply with the conditions set by the law to avoid legal issues in the future. This knowledge is not only useful for the seller and buyer, but also for PPAT in carrying out their duties in a professional and responsible manner.

Recommendation

Based on the analysis of the case, it is recommended that PPAT should be more careful in making deeds, and that all parties involved in the buying and selling process should understand and comply with the conditions set by the law. Furthermore, it is recommended that the court should be more strict in handling cases related to the cancellation of the sale and purchase deed.

Limitation of the Study

This study has several limitations. Firstly, the study only focuses on one case, and therefore, the findings may not be generalizable to other cases. Secondly, the study only analyzes the case from a legal perspective, and therefore, the study may not consider other factors that may be relevant to the case.

Future Research

Future research can build on this study by analyzing other cases related to the cancellation of the sale and purchase deed. Furthermore, future research can consider other factors that may be relevant to the case, such as the economic and social implications of the cancellation of the sale and purchase deed.

References

  • [1] Article 1320 of the Civil Code (KUH Civil)
  • [2] Decision of the Rantau Prapat District Court Number 19/Pdt.G/2013.PN.Rap
  • [3] Decision of the Medan High Court Number 53/PDT/2015/PT-MDN

Appendices

  • [1] Copy of the sale and purchase agreement
  • [2] Copy of the deed of sale and purchase
  • [3] Copy of the court's decision
    Cancellation of the Sale and Purchase Deed in Front of PPAT: Q&A

Introduction

The cancellation of the sale and purchase deed in front of PPAT is a complex process that involves various legal and procedural requirements. In this article, we will provide answers to some of the most frequently asked questions related to the cancellation of the sale and purchase deed in front of PPAT.

Q&A

Q: What is the purpose of the sale and purchase deed in front of PPAT?

A: The sale and purchase deed in front of PPAT is a document that serves as proof of the transfer of ownership of a property from the seller to the buyer. It is a crucial document that is required for the registration of the property in the land office.

Q: What are the requirements for the cancellation of the sale and purchase deed in front of PPAT?

A: The cancellation of the sale and purchase deed in front of PPAT requires a court decision, which can be obtained through a civil suit in court. The court will examine the case and determine whether the sale and purchase deed is valid or not.

Q: What are the grounds for the cancellation of the sale and purchase deed in front of PPAT?

A: The grounds for the cancellation of the sale and purchase deed in front of PPAT include:

  • The sale and purchase deed is forged or falsified
  • The sale and purchase deed is not in accordance with the law
  • The sale and purchase deed is not in accordance with the agreement between the parties
  • The sale and purchase deed is not registered in the land office

Q: What is the role of PPAT in the cancellation of the sale and purchase deed?

A: PPAT has a crucial role in the cancellation of the sale and purchase deed. PPAT is responsible for verifying the authenticity of the sale and purchase deed and ensuring that it is in accordance with the law. If PPAT finds any irregularities in the sale and purchase deed, it can refuse to register it in the land office.

Q: What are the consequences of the cancellation of the sale and purchase deed in front of PPAT?

A: The cancellation of the sale and purchase deed in front of PPAT can have serious consequences for the parties involved. The buyer may lose their right to the property, and the seller may be liable for any damages or losses incurred by the buyer.

Q: How can I prevent the cancellation of the sale and purchase deed in front of PPAT?

A: To prevent the cancellation of the sale and purchase deed in front of PPAT, it is essential to ensure that the sale and purchase deed is authentic and in accordance with the law. You should also ensure that the sale and purchase deed is registered in the land office and that all parties involved in the transaction are aware of their rights and obligations.

Conclusion

The cancellation of the sale and purchase deed in front of PPAT is a complex process that requires careful consideration and attention to detail. By understanding the requirements and grounds for the cancellation of the sale and purchase deed, you can take steps to prevent it and ensure that your rights are protected.

Recommendation

If you are involved in a transaction that involves a sale and purchase deed in front of PPAT, it is essential to seek the advice of a qualified lawyer or notary public. They can provide you with guidance and advice on the requirements and procedures for the cancellation of the sale and purchase deed and help you to protect your rights.

Limitation of the Article

This article is intended to provide general information and guidance on the cancellation of the sale and purchase deed in front of PPAT. It is not a substitute for professional advice, and you should not rely solely on this article for your specific situation.

Future Research

Future research can build on this article by providing more detailed information and guidance on the cancellation of the sale and purchase deed in front of PPAT. It can also explore the economic and social implications of the cancellation of the sale and purchase deed and provide recommendations for improving the process.

References

  • [1] Article 1320 of the Civil Code (KUH Civil)
  • [2] Decision of the Rantau Prapat District Court Number 19/Pdt.G/2013.PN.Rap
  • [3] Decision of the Medan High Court Number 53/PDT/2015/PT-MDN

Appendices

  • [1] Copy of the sale and purchase agreement
  • [2] Copy of the deed of sale and purchase
  • [3] Copy of the court's decision