Responsibilities Of The Land Deed Making Officer (PPAT) And Temporary Deed Making Officials (Temporary PPAT) In Making A Land Buying And Selling Deeds And Their Legal Consequences In Terms Of Agrarian Law

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Responsibilities of Land Deed Making Officials (PPAT) and Temporary Deed Making Officials (Temporary PPAT) In making land buying and selling deeds: Legal consequences and agrarian sides

Introduction

Land Deed Making Officer (PPAT) and Temporary Deed Making Officials (PPAT Temporary) play a crucial role in the process of buying and selling land in Indonesia. Their legal basis is contained in Law Number 2 of 2014 concerning Notary Position and Government Regulation Number 37 of 1998 concerning Position Regulations for Land Deed Making Officials that have been amended by Government Regulation Number 24 of 2016. This article will review further about the role, obligation, and responsibilities of PPAT and PPAT Temporary while making a land buying and selling deeds, as well as legal consequences in terms of agrarian law.

The Role and Obligation of PPAT & PPAT Temporarily

PPAT: The Authorized Official

PPAT is an official authorized to make an authentic deed regarding all legal actions relating to the transition of land rights. They play an important role in creating legal certainty in the field of land and facilitating access to people who need deed making services. The PPAT's role is to ensure that the land buying and selling process is conducted in a transparent and fair manner, providing a secure and reliable environment for all parties involved.

Temporary PPAT: A Parallel Role

Temporary PPAT, generally held by the Camat, has a role and obligation that is parallel to PPAT. In carrying out their duties, both PPAT and PPAT temporarily must be guided by the applicable laws and regulations. They are responsible for ensuring that the land buying and selling process is conducted in accordance with the law, and that all parties involved are aware of their rights and obligations.

Terms of Sale and Purchase of Land and Responsibilities of PPAT & PPAT Temporary

Making a land buying and selling deeds must meet two main conditions, namely material requirements and formal requirements. Material requirements include requirements relating to the subject and object of sale and purchase, such as the identity of the parties, legal capacity, and the completeness of land documents. While the formal requirements are related to the procedure for making deeds, such as the approval of the parties and valid signatures.

Responsibilities of PPAT & PPAT Temporary

The responsibility of PPAT and PPAT while in making a land buying and selling deeds is very large. They are responsible for:

  • Ensuring the validity of registration, transfer, and loading of land rights.
  • Making a land certificate correctly and in accordance with legal provisions.
  • Taking care of the deed administration process so that it is completed quickly.
  • Monitoring land buying and selling transactions to prevent fraud or violations of the law.
  • Carrying out obligations to the parties in accordance with statutory regulations.

Legal Consequences and the Role of PPAT in Disputes

If there is a dispute in the process of buying and selling land, PPAT has the potential to be called as a witness at the trial. However, PPAT is not responsible for the data that is falsified or submitted wrongly by the seller or buyer. They are only responsible for the deeds they make and the obligation to check the validity of the documents submitted by the parties.

Conclusion

PPAT and PPAT temporarily have a vital role in the process of buying and selling land in Indonesia. They are responsible for ensuring legal certainty and smooth transactions, while protecting the rights and interests of the parties. Therefore, it is essential for PPAT and PPAT temporarily to carry out their duties and obligations with professionalism, honesty, and responsibility. Public awareness of the importance of the role of PPAT and PPAT while in the process of buying and selling land also needs to be improved in order to create a safe transaction and avoid disputes.

Recommendations

Based on the discussion above, the following recommendations can be made:

  • PPAT and PPAT temporarily should be trained and educated to ensure that they have the necessary skills and knowledge to carry out their duties effectively.
  • The government should provide support and resources to PPAT and PPAT temporarily to enable them to perform their duties efficiently.
  • Public awareness campaigns should be conducted to educate the public about the importance of PPAT and PPAT temporary in the process of buying and selling land.
  • The government should establish a system to monitor and evaluate the performance of PPAT and PPAT temporary to ensure that they are carrying out their duties effectively.

Future Research Directions

This article has highlighted the importance of PPAT and PPAT temporary in the process of buying and selling land in Indonesia. However, there are still many areas that require further research, such as:

  • The impact of PPAT and PPAT temporary on the economy and society.
  • The effectiveness of PPAT and PPAT temporary in preventing disputes and ensuring smooth transactions.
  • The role of PPAT and PPAT temporary in the context of land reform and rural development.

By conducting further research in these areas, it is possible to gain a deeper understanding of the role of PPAT and PPAT temporary in the process of buying and selling land in Indonesia, and to identify areas for improvement.
Frequently Asked Questions (FAQs) about the Responsibilities of Land Deed Making Officials (PPAT) and Temporary Deed Making Officials (Temporary PPAT)

Q1: What is the role of PPAT in the process of buying and selling land?

A1: PPAT is an official authorized to make an authentic deed regarding all legal actions relating to the transition of land rights. They play an important role in creating legal certainty in the field of land and facilitating access to people who need deed making services.

Q2: What is the difference between PPAT and Temporary PPAT?

A2: Temporary PPAT, generally held by the Camat, has a role and obligation that is parallel to PPAT. In carrying out their duties, both PPAT and PPAT temporarily must be guided by the applicable laws and regulations.

Q3: What are the responsibilities of PPAT and PPAT temporary in making a land buying and selling deeds?

A3: The responsibility of PPAT and PPAT while in making a land buying and selling deeds is very large. They are responsible for:

  • Ensuring the validity of registration, transfer, and loading of land rights.
  • Making a land certificate correctly and in accordance with legal provisions.
  • Taking care of the deed administration process so that it is completed quickly.
  • Monitoring land buying and selling transactions to prevent fraud or violations of the law.
  • Carrying out obligations to the parties in accordance with statutory regulations.

Q4: What happens if there is a dispute in the process of buying and selling land?

A4: If there is a dispute in the process of buying and selling land, PPAT has the potential to be called as a witness at the trial. However, PPAT is not responsible for the data that is falsified or submitted wrongly by the seller or buyer. They are only responsible for the deeds they make and the obligation to check the validity of the documents submitted by the parties.

Q5: How can the public ensure that they are dealing with a legitimate PPAT or PPAT temporary?

A5: The public can ensure that they are dealing with a legitimate PPAT or PPAT temporary by:

  • Checking the official identification of the PPAT or PPAT temporary.
  • Verifying the PPAT or PPAT temporary's credentials and qualifications.
  • Ensuring that the PPAT or PPAT temporary is authorized to perform the deed making service.
  • Checking the PPAT or PPAT temporary's reputation and reviews from previous clients.

Q6: What are the consequences of dealing with an unlicensed or unqualified PPAT or PPAT temporary?

A6: Dealing with an unlicensed or unqualified PPAT or PPAT temporary can have serious consequences, including:

  • Invalid or unenforceable deeds.
  • Loss of property rights.
  • Financial losses.
  • Damage to reputation.

Q7: How can the public report a complaint or issue with a PPAT or PPAT temporary?

A7: The public can report a complaint or issue with a PPAT or PPAT temporary by:

  • Contacting the relevant authorities, such as the Notary Office or the Land Office.
  • Filing a complaint with the PPAT or PPAT temporary's professional association.
  • Seeking advice from a lawyer or a qualified professional.

Q8: What is the role of the government in ensuring the integrity and effectiveness of PPAT and PPAT temporary?

A8: The government plays a crucial role in ensuring the integrity and effectiveness of PPAT and PPAT temporary by:

  • Establishing and enforcing laws and regulations governing the deed making service.
  • Providing training and education for PPAT and PPAT temporary.
  • Monitoring and evaluating the performance of PPAT and PPAT temporary.
  • Providing support and resources for PPAT and PPAT temporary.

Q9: How can the public contribute to the improvement of the deed making service?

A9: The public can contribute to the improvement of the deed making service by:

  • Providing feedback and suggestions to PPAT and PPAT temporary.
  • Participating in public awareness campaigns and education programs.
  • Supporting initiatives to improve the quality and efficiency of the deed making service.
  • Reporting any issues or concerns to the relevant authorities.

Q10: What is the future of the deed making service in Indonesia?

A10: The future of the deed making service in Indonesia is promising, with the government and other stakeholders working to improve the quality and efficiency of the service. With the increasing demand for land and property, the deed making service is expected to play an increasingly important role in facilitating transactions and ensuring the integrity of the land market.