scholarly journals Legal Consequences of the Deed of Sale by PPAT Containing Non Actual Transaction Price

Author(s):  
Nidya Kartika Sari ◽  
Rembrandt Rembrandt ◽  
Yasniwati Yasniwati

The transfer of rights to land and buildings is legally made in the Sale and Purchase Deed (AJB), in the Sale and Purchase Deed (AJB) must also contain the actual price of the sale and purchase transaction, but the fact there are many people influence the PPAT to be able to help make prices / the value of buying and selling transactions in the Sale and Purchase Deed (AJB) is lower and non actual price, this is to avoid the high price of buying and selling tax, this is of course very contrary to the Perka BPN 1/2006, with the existence of such fraud will certainly be a problem for the parties and also for PPAT who makes the Deed of Sale and Purchase (AJB) at a later date. The focus of the problem in this study is how the legal consequences of the act of Land Purchase Deed (AJB) Land by the Land Deed Making Official (PPAT) which contains the value of the transaction that is not actually. The research method used in this paper is sociological juridical and this research is analytical descriptive. From the results of the research, it can be concluded that the PPAT that made AJB with containing the transaction value that was not actually violated the rules of the law, especially violated PPAT profession code of ethics and will be penalized.

2019 ◽  
Vol 2 (2) ◽  
pp. 314
Author(s):  
Andi Pratono ◽  
Tjempaka Tjempaka

Indonesia is the law of state or law state, as a law state country, Indonesia must have 3(three) important element such as legal certainty, justice, and expediency. Those main elements represent all the law state. In community, people everyday acts always relate to legal act, such as contract, buying or selling object that promised. To ensure those legal act have the ability perfect proof power, those legal act poured in the form of deed. In buying and selling land, a deed of sale and purchase must be made in front authorized official like land deed officer. However land deed officer as public official do make mistake on duty, with the result that party at a disadvantage. Party that loss because of mistake land deed officer, do ask for responsibility by suing the land deed officer to compensate the losses. Land deed officer in carrying out their duties must apply the precautionary principle so as to minimize any mistakes in making the deed. Author is using normative legal research methods, supported by a data which is theory and interviews some expert in land deed officer and Code of Ethics. The legal consequences to the land deed officer due the legal acts are against the law, which is a sanction will be given. The sanction will divided in three types such as sanction according to the Civil Law, Criminal Law and Code of Ethics or Government Regulation about land deed officer.


2018 ◽  
Vol 1 (1) ◽  
pp. 1859
Author(s):  
Yoki Kurniawan ◽  
Hanafi Tanawijaya

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).


2021 ◽  
Vol 2 (2) ◽  
pp. 416-421
Author(s):  
I Made Satria Wibawa Tangkeban ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Sukaryati Karma

The internet is an electronic and information medium that is developing very rapidly. The internet is widely used in various activities, namely trade, trading activities that use the internet known as e-commerce. Trading on the internet itself raises many problems related to the law and all its risks. Problems that can arise include default. The research aims are to analyze the rights and obligations of the parties in buying and selling transactions via Instagram and the legal consequences that arise if the seller in the sale and purchase transaction through Instagram defaults. The research method used is normative legal research, with using statutory approach. Primary sources of legal materials, sources of secondary legal materials were analyzed using systematic interpretation techniques. The result shows that in the buying and selling activities carried out on Instagram, there are often deviations in rights and obligations that are no longer in accordance with existing norms in society and legal remedies that can be taken if there is a default from one of the parties, be it the seller. and buyers who make online transactions can be sued within the environment of the general court or outside the court and can be subject to direct fines for parties who do not perform in default.


2020 ◽  
Vol 1 (1) ◽  
pp. 50
Author(s):  
Tommy Leonard

<p>Degraded authentic deeds may cause losses to the parties. Notary as an official who is authorized by law has the responsibility for violations that cause the authentic deed to be degraded. In maintaining the professionalism of a notary, a notary who commits a violation can be given a sanction as a form of responsibility but also can file a lawsuit by the parties who suffer a loss. This thesis aims to determine the legal consequences of authentic deed degradation on the parties. The writing of this thesis uses a normative juridical research method or uses a statutory approach. Normative legal research is used to obtain rules, legal regulations and the application of the law. The notary's responsibility is given by imposing sanctions on the notary who commits the violation according to the level of the violation so that the notary can fulfill his responsibilities as a notary who has good morals and ethics in order to create justice for both the injured party and the notary itself.</p>


2020 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Rionald Harris ◽  
Zainul Daulay ◽  
Beatrix Benni

The Honorary Board of the Indonesian Notary Association as the organ of the Indonesian Notary Association issues a regulation regarding the Fairness of the Deed Making Certificate per Notary for 20 deeds per day. Based on pre-research, there are still many notaries who do not know about the regulation in Padang. Why a Notary is prohibited from making a deed exceeding the fairness limit, what factors becomes the reasons for a Notary in Padang to make a deed exceeding the fairness limit and the legal consequences of a deed exceeding the fairness limit will be the topic of discussion in this paper. The research method used is a type of empirical juridical research and the nature of analytical descriptive research; data collection is done by using data in the form of primary material as primary data, supported by secondary and tertiary materials. The data obtained are then processed, analyzed, and interpreted qualitatively. Compliance is a virtue that moves people to act rationally in using what is fair, it is important for Notary to be given reasonable limits on the deeds that they can make per day so that the Notary does not exceed their physical ability to make daily deeds. The Law of Notary Position does not limit the number of deeds that can be made by the Notary per day, so that there are still notaries who make the deed exceed the reasonable limits set especially Fiduciary deed in Padang. Notary Deed that exceeds the fairness limit determined by the Honorary Board of Notary will not be degraded to privately-made deed, provided that what is done by Notary in making the deed is in accordance with the Law of Notary Position. The reasonable limit of making a daily deed issued by the Indonesian Notary Association Honorary Board should be included in the Minister Law or Regulation because basically the DKP.INI 1 regulation in 2017 only binds members of the association. Had the notary been expelled from the association, it would not have had any effect on his position.


Acta Comitas ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 227
Author(s):  
Made Ciria Angga Mahendra

Notary is an authorized officer to make an authentication acta and to have another authority as referred to in this law or under other laws as provided for in article 1 Figure 1 UUJNP. As a notary professional, he must perform his position by guiding the law, the Code of Ethics, the Articles of association, and the budget of the household. But the notary is also a man who does not escape the mistakes that he sometimes made that is done not because of the notary deliberate. Departing from the background of the problem above the author interested in conducting research in the form of a journal by lifting the title "The Law of typographical error in Minuta notarial deed based on this, provides a background picture of This study discussed about 1). How is the notary's responsibility for typographical error on Notara deed that is made notary? 2). What is the legal consequences of typographical errors in notarized deed? Research indicates that it can draw conclusions from the problems that can be seen in the presence of carelessness when forming the deed which is known only for a long time from typographical errors in the prefix of the deed on the identity of the Parties, and at the crucial point of a deed that is not appropriate to the will of the related party which is caused by a notary: A. The Aktanya can be cancelled if the acting is proven to have absolutely no subjective element, B. The act can be said to be void in order to The law when it proved to contain no objective requirement, C. The notary deed is degraded so that the deed under the hands of which absolutely does not have a force in terms of perfect proof. Notaris merupakan pejabat yang berwenang untuk membuat suatu akta otentik dan memiliki suatu kewenangan lainnya sebagaimana yang dimaksud pada undang-undang ini atau berdasarkan undang-undang lainnya sesuai yang telah disebutan di dalam pasal 1 angka 1 UUJNP. Sebagai seorang professional seorang notaris harus melaksanakan jabatannya dengan berpedoman pada undang-undang, kode etik, anggaran dasar, dan anggaran rumah tangga. tetapi notaris juga seorang manusia yang tidak luput dari kesalahan yang terkadang diperbuatnya yang dimana dilakukan bukan karena kesengajaan notaris itu. Berangkat dari latar belakang masalah diatas penulis tertarik melakukan penelitian dalam bentuk jurnal dengan mengangkat judul “Akibat Hukum Kesalahan Ketik Dalam Minuta Akta Notaris Berdasarkan hal tersebut, memberikan gambaran latar belakang dari penelitian ini yang membahas mengenai 1). Bagaimana tanggung jawab notaris atas kesalahan ketik pada minuta akta yang dibuat notaris? 2). Bagaimana akibat hukum terhadap kesalahan ketik pada  akta yang dibuat notaris? penelitian  menunjukan dapat menarik kesimpulan dari permasalahan yang di dapat adalah melihat dari adanya kecerobohan saat pembentukan  akta itu yang baru diketahui  setelah sekian lama dari adanya kesalahan ketik pada awalan akta tentang identitas dari para pihak, dan pada poin penting suatu akta yang tidak sesuai kehendak pihak terkait yang disebabkan karena  notaris yaitu: a. aktanya tersebut bisa dibatalkan jika aktanya itu terbukti sama sekali tidak terdapat unsur subjektif, b. aktanya dapat dikatakan batal demi hukum bilamana aktanya itu terbukti tidak mengandung syarat objektif, c. akta notaris tersebut terdegradasi jadi akta yang bersifat di bawah tangan yang sama sekali tidak mempunyai suatu kekuatan dalam hal pembuktian yang sempurna.


2006 ◽  
Vol 34 (3) ◽  
pp. 624-628
Author(s):  
Robert Schwartz

What happens when being a good doctor requires being a bad citizen? What should a doctor do when living up to the requirements of a professional code of ethics or staying true to deeply held personal values requires breaking the law? What should a health care professional do when the appropriate conduct in a particular case is inconsistent with a more generalized principle that has been incorporated into law? Further, what is the role of the ethical health lawyer who advises a health care provider facing such a dilemma?As health care lawyers advising individuals and institutions, is it our job to advise our clients of all the options available to them, and all the potential legal consequences, or is our role simply to keep our clients acting within the law? Are we information providers, policy counselors, risk managers, or some combination of these?


Kosmik Hukum ◽  
2021 ◽  
Vol 21 (2) ◽  
pp. 38
Author(s):  
Ninik Alfiyah ◽  
Mohammad Saleh

The rapid development of information technology has been responded to positively by the Indonesian government for a long time, especially in organizing an electronic GMS, as regulated in Article 77 of Law Number 40 of 2007 concerning Limited Liability Companies. Guidelines for implementing e-GMS were only issued in 2020 because the Covid-19 pandemic threatens the economy and/or the stability of the country's financial system, this provision is in the form of POJK Number 16/POJK.04 / 2020. In Article 12 of the POJK, the implementation of e-GMS is obliged to be made in the form of a notary deed. This raises problems regarding the procedures for reading and signing deeds that cannot be done electronically because they are considered contrary to the Civil Code, the Law on Notary Position, and the ITE Law. The purpose of this research is to analyze the legal basis for the implementation of e-GMS and the minutes of the meeting and the legal consequences of reading and signing the e-GMS Notarial Deed electronically. This study uses a normative juridical research method. The results of the study explain that if the notary reads and signs the e-GMS deed electronically, it will have implications for the evidentiary power of the deed, which is equivalent to the letter under the bill because no regulation explicitly gives the notary authority in that field, so the advice given is e. -RUPS can be conducted electronically, however, the minutes of the meeting are made by the minutes of the meeting, and a copy is given to a notary so that the deed is in the form of a deed of partij and not a deed of relaas. Keywords:  legal implications, reading and signing of the deed, e-GMS


Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 755
Author(s):  
Sahudi Sahudi ◽  
Akhmad Khisni

The purpose of this study was to analyze: 1) The forms of the deed of sale of land that is not in accordance with the procedures of the Land Deed Manufacture in Magelang. 2) The cause of the Deed of Sale and Purchase of Land not in accordance with the procedures of the Land Deed Manufacture in Magelang. 3) The legal consequences for the Land Deed Official (PPAT) in the manufacture of a deed of sale of land that is not in accordance with the procedures show a deed of land in Magelang.This research is normative juridical approach, the sociological juridical approach. The collection of primary and secondary data obtained by interview and literature study, then analyzed by qualitative analysis method.The research results are: 1) The forms of the deed of sale of land that is not in accordance with the procedures Making Land Deed in Magelang among which the sales and purchase agreement by the parties do not before PPAT who signed the deed of sale (deposit certificate), signing not done in the same time in front of PPAT, the transaction price values contained in the deed of sale is different from the actual transaction value. 2) The cause of the Deed of Sale and Purchase of Land not in accordance with the procedures Making Land Deed in Magelang, namely the existence of a situation which requires PPAT to manufacture the deed of sale that is not in accordance with the procedures deed PPAT is needed in order to save a sale and purchase transaction , their high trust between the parties with PPAT, a factor the value of security be so PPAT would follow the wishes of the parties. 3) The legal consequences for Deed Official Land (PPAT) in the manufacture of a deed of sale of land that is not in accordance with the procedures show a deed of land in the district of Magelang is PPAT be dishonorably discharged from his position, may be subject to administrative sanctions and fines in accordance with the regulations applicable.Keywords: Sale and Purchase Agreements; PPAT; Effects.


2020 ◽  
Vol 1 (3) ◽  
pp. 367-389
Author(s):  
Ainil Maqsurah ◽  
Kasman Bakry ◽  
Sa’adal Jannah

Legal discussion about music in Islam is a forbidden matter. Although there are opinions that allow, but this opinion is weak with the arguments of the Qur'an, the traditions and ijmak of the scholars of the Salaf in their forbidden. The beatbox in Islamic nasheed is in the form of rhythmic sounds such as drum beats, musical instruments, or imitations of other sounds, especially turntables, through human speech instruments such as the mouth, tongue and lips that accompany Islamic nashid as the sounds musical instrument replacement. The purpose of this study was to determine the beatbox law in Islamic nasyid. The research method applies qualitative studies with library research methods and descriptive analysis and uses a normative approach. The results showed that the legal consequences of beatbox art were indeed discussed by the scholars, but the strongest opinion was that it was not allowed. The sounds that come from the human body and the sound resembles the sound of a musical instrument, so the law is haram, both playing it and hearing it. As for Islamic nasheed which does not contain forbidden cases, then the law may.


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