THE RESPONSIBILITY OF LAND DEED OFFICIAL WHO COMMITTED AN UNLAWFUL ACT BECAUSE OF IT’S PUBLISHED SALE AND PURCHASE DEED (STUDY OF THE WONOSOBO DISTRICT COURT DECISION NO: 4/PDT. G/2017/PN. WSB)

Abstract

The sale and purchase of land must be stated in an authentic deed of the Land Deed Official ("PPAT") so that the deed can be used as the basis for land registration to have a certificate of land rights as proof of the transfer of land rights has strong and perfect evidentiary power. In making a Sale and Purchase Deed, a PPAT must be thorough in carry out his duties and positions carefully as stipulated in Government Regulation Number: 37 of 1998 and the rules of the PPAT Code of Ethics. However, in reality, not all PPAT carry out their obligations properly and often make fatal mistakes in making authentic deeds, causing the deed they published becoming null and void and does not have binding legal force, this cause a PPAT can be held accountable because they can be declared that they had committed an unlawful act, as found in the Wonosobo District Court Decision No. 4/Pdt.G/2017/PN. WSB. This research is a doctrinal research by collecting secondary data and will be analyzed qualitatively. From the results of the analysis, it shows that a PPAT who has been declared to have committed an unlawful act in the preparation of a sale and purchase deed must be civilly responsible by providing a sum of money as a compensation for other party due to his mistake in making the deed. In addition, PPAT must take a responsible in terms of the code of ethics, namely by giving them a stern warning orally or in writing or even being dismissed respectfully or disrespectfully if they ingnore the warning.