scholarly journals PERBUATAN MELAWAN HUKUM OLEH NOTARIS TERHADAP PEMALSUAN AKTA OTENTIK DALAM JUAL BELI TANAH DI KABUPATEN REMBANG (STUDI KASUS PUTUSAN NOMOR 05/Pdt.G/2009/PN.Rbg)

Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 259
Author(s):  
Faizal Indra Nor Cahyo ◽  
Gunarto Gunarto
Keyword(s):  
Secondary Data ◽  
Land Rights ◽  
Primary Data ◽  
Public Official ◽  
Purchase Price ◽  
Prospective Buyer ◽  
Approach Method ◽  
Notary Public ◽  
Legal Consequences ◽  
Binding Agreement

In the sale and purchase of land rights of course there are various parties, including Sellers and Buyers. In this case, Seller (RJ) and Purchaser (IS) 1 purchased land on September 26, 2007 with 10 certificates and total purchase value of land object amounting to Rp 2.232.650.000, - (two billion two hundred thirty two million Six hundred fifty thousand rupiah), due on July 31, 2008, which is until the due date the Purchaser (IS) has not been able to repay it. On the other hand, the Notary of MJ who made the Deed of Sale and Purchase Agreement committed a Law Against Act (PMH) by issuing a Sale and Purchase Deed which should not be issued in case of non-payment. With the formulation of the problem studied are: 1. What are the legal consequences that occur on a Notary who commits an unlawful act against the Deed of Sale and Purchase Land made? 2. How to solve a case against a Notary who committed a Legal Actions (PMH) on the Deed of Sale and Purchase of Land?Approach method used in this research is normative juridical research supported by empirical juridical, research specification is analytical descriptive, writer use primary data and secondary data to get data related to this research.Based on the results of this study, based on the Case Court's Decision Number 05 / Pdt.G / 2009 / PN.Rbg, the case investigation between the Seller (RJ) and the Buyer (IS) on the first issue of the formulation of Notary MJ because it was proven to Act Against Law Falsify the information contained in the Deed of Sale and Purchase which is different from the Deed of Sale and Purchase Bond that has been agreed by both parties, then he must finish the Deed of Sale and Purchase Agreement between the RJ and the IS, and automatically does not Occur And in the formulation of the problem Second, the Buyer (IS) who has made a default booking by not automatically paying the purchase price with the binding agreement between himself and the Seller (RJ), he is charged with a 13th Stipikat to Seller (RJ) discount, With the payment already given To Seller (RJ) by Buyer (IS) is irrevocable and automatically becomes the property of Seller (RJ). As well as Buyer (IS) are charged the court fees that have arisen in advance of the trial.The author's suggestion in this research is for the seller, should be more careful in choosing and revoking the prospective buyer, thus minimizing the undesirable things that will be done by the Buyers so as to disadvantage the Seller, for the buyer, he must have good faith It should always be upheld that there will be no future Seller, for Notary Public, Notary as a public official should have a Neutral attitude toward both parties in the agreement, can be mediator, law-abiding and not doing the Fight Against Act (PMH), by reason No party harmed. Keywords: Sale and Purchase Agreement, Unlawful Actions, Wanprestatie.

scholarly journals Kewajiban Pemberian Jasa Hukum Secara Cuma-Cuma Oleh Notaris Pada Orang Tidak Mampu

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 446
Author(s):  
Claudia Verena Maudy Sridana ◽  
I Ketut Westra
Keyword(s):  
Code Of Ethics ◽  
Secondary Data ◽  
Primary Data ◽  
Public Official ◽  
Legal Assistance ◽  
Literature Study ◽  
Legal Research ◽  
The Social ◽  
Notary Public ◽  
Legal Consequences

As a public official who works as a notary public has the authority to be able to make an authentic deed. As a notary in carrying out his commitment to make an authentic deed, the Notary gets approval to provide his services for free or voluntarily to people who are not capable in the financial field. How can you ask for legal assistance by a notary in the free notary area for people who can't afford it? Problems related to legal notifications to notaries who refuse to provide legal assistance in the field of notary to those who are unable? The purpose of the discussion is to analyze and discuss the request for legal assistance by a notary in the notary sector not providing legal assistance in the notary sector for people who cannot afford. This research uses empirical legal research methods, primary data and secondary data obtained were analyzed qualitatively and arranged systematically, which was collected by literature study and interview techniques. The conclusion of this research is the notary in providing his services without collecting honorariums is not only given to people who can not afford it, but notaries can provide free services to those who want to make a foundation or activities in the social, social and dialogue. The legal consequences of notaries who are reluctant to provide legal assistance to people who are not in accordance with the provisions of the sanctions provided for in Article 37 paragraph (2) of the UUJN are also in accordance with the provisions in the Code of Ethics I.N.I.

scholarly journals Tort Bonding Sale Agreement (SPA) Made by Notary (Study Decision Number: 17 / Pdt.G / 2011 / PN.Smg)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 717
Author(s):  
Fertin Fertin ◽  
Lathifah Hanim
Keyword(s):  
Qualitative Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Scientific Writing ◽  
Primary Data ◽  
Analysis Method ◽  
Notary Public ◽  
Legal Consequences ◽  
Legal Force

SPA is a preliminary agreement on the purchase agreement of land rights which the agreement will be drawn up and signed in the presence of PPAT, a description of relevant scientific writing case of default in Decision 17 / Pdt.G / 2011 / PN.Smg. Issues examined in this study is enforceable agreement of sale and purchase agreement (SPA) Notary as evidence of authentic, legal consequences if one of the parties in the agreement binding sale and purchase (SPA) has been in default as well as legal protection of the fulfillment of the rights of parties where one party is in default in a binding sale and purchase agreement. The method used in this research is the socio-legal approach that comes from the collection of the data obtained from the primary data and secondary data, and then analyzed by qualitative analysis method. The study provides an answer that the legal force PPJB made before a notary public as authentic evidence in the transfer of rights agreement is very strong. Regarding the legal consequences if one party has been in default then the agreement was null and void, in addition to the legal protection of the fulfillment of the rights of the parties where one party is in default is a return to power of the SPA were made, namely if made before a Notary Public, perlindunganya force in accordance with the protection of an authentic agreement.Keyword: Bonding Sale Agreement (SPA); Notary; Legal Consequences.

Acquisition Cost of Land and Building Rights Based on Buying and Selling

Authentica ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 1-17
Author(s):  
Singgih Permana Adhi
Keyword(s):  
Law Enforcement ◽  
Acquisition Cost ◽  
Secondary Data ◽  
Primary Data ◽  
Research Procedure ◽  
Approach Method ◽  
Transaction Price ◽  
Legal Consequences

The collection of regional taxes and levies must be based on Law Number 28 of 2009 concerning Regional Taxes and Regional Levies, and for the Banyumas Regency area, it has been regulated in Regional Regulation Number 1 of 2011 concerning Regional Taxes in conjunction with Regional Regulation Number 22 of 2016 concerning Amendments to the Second Regulation Region Number 1 the Year 2011 concerning Regional Taxes. One type of tax that is under the authority of the regions is the Fees for Acquisition of Rights on Land and Buildings, hereinafter referred to as BPHTB. The approach method used in thisresearch is the normative juridical approach method. The data used are secondary data and primary data as a complement to secondary data. The results and discussion are the application of BPHTB based on the  sale and purchase of the implementation including the process of filling in the SSPD BPHTB, determining tax objects, tax taxes, calculating taxes, research or validation, and payment. BPHTB is based on the sale and purchase of applications based on the PDRD Law and Regional Tax Regulations, the basis for calculating the BPHTB is the transaction price, therefore based on the Regent Regulation, the RegionalFinance Agency carries out a research procedure (validation) of BPHTB based on buying and selling with the truth of the transaction price value used to calculate BPHTB. PPAT which regulates the deed of transfer of rights, without ta  supervision has been paid and validated giving legal consequences for PPAT in the form of sanctions in the form of fines for each award. Law enforcement of sanctions on administrative fines against PPAT and the procedures for its implementation are not regulated and have not been further regulated in the PDRD Law, Regional Tax Regional Regulations, or in implementing regulations.Keywords: Regional Taxes; Fees for Acquisition of Rights on Land and / or Buildings; Legal Consequencesof Land Deed Making Officials.

scholarly journals Peran Notaris Dalam Transaksi Pengadaan Tanah Untuk Lokasi Pembangunan Komplek Perkantoran Pemerintah Kabupaten Sekadau

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 234
Author(s):  
Mochamad Elmo Sidiq ◽  
Amin Purnawan
Keyword(s):  
Government Regulation ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Land Rights ◽  
Primary Data ◽  
Regional Government ◽  
Legal Basis ◽  
Development Site ◽  
Notary Public

ABSTRAKProblematik penelitian ini adalah : Apa dasar hukum  Peran Notaris dalam Transaksi Pengadaan Tanah Untuk Lokasi Pembangunan Komplek Perkantoran Pemerintah Kabupaten Sekadau? apa peran Notaris  Dalam Transaksi Pengadaan Tanah Untuk Lokasi Pembangunan Komplek Perkantoran Pemerintah Kabupaten Sekadau? dan apa akibat hambatan hukum atas Peran Notaris dalam Transaksi Pengadaan Tanah Untuk Lokasi Pembangunan Komplek Perkantoran Pemerintah Kabupaten Sekadau?Penelitian ini adalah dengan pendekatan yuridis-empiris yang bersumber dari pengumpulan data yang diperoleh dari data primer dan data sekunder, kemudian dianalisis dengan metode analisis kualitatif. Teknik pengumpulan data yang digunakan adalah teknik wawancara. Teknik analisis data menggunakan analisis data kualitatif.Hasil temuan peneliti menunjukkan bahwa Dasar hukum Notaris dan/atau PPAT dalam pertanahan, didasarkan pada Undang-Undang Nomor 30 Tahun 2004 tentang Jabatan Notaris dan Peraturan Kepala Badan Pertanahan Nasional Republik Indonesia Nomor : 1 Tahun 2006 tentang Ketentuan Pelaksanaan Peraturan Pemerintah Nomor : 37 Tahun 1998 tentang Peraturan Jabatan Pejabat Pembuatan Akta Tanah. Keputusan Presiden Nomor 55 Tahun 1993 maupun Peraturan Presiden Nomor 65 Tahun 2006, peralihan hak atas tanah tersebut dapat dilakukan melalui/dihadapan Notaris dan/atau PPAT. Peran nyata keterlibatan notaris dalam pembangunan komplek kantor Pemerintah Kabupaten Sekadau adalah pembuatan Akta Notaris Nomor 9 tanggal 06 Juli 2005 tentang Surat Perjanjian Pelepasan Hak atas Tanah di antara PT Sinar Bintang Sakti dan Pemda Kabupaten Sekadau dan Pembuatan Akta Notaris No. 10 tanggal 06 Juli 2005 tentang surat Pengakuan hutang yang pada pokoknya Pemkab Sekadau mengakui mempunyai hutang kepada CHAN INDRA, dengan jaminan tanah yang telah diterima pelepasan hak atas tanah dari CHAN INDRA selaku Direktur PT. Sinar Bintang Sakti. Perdebatan Notaris berwenang untuk membuat akta yang berkaitan dengan akta-akta pertanahan mengakibatkan keraguan mengenai keabsahan terhadap akta notaris yang terdapat dalam proyek pembangunan perkantoran di Pemerintah Kabupaten Sekadau.Kata Kunci : Notaris, Pengadaan Tanah, Kabupaten Sekadau. ABSTRACTIn relation to the authority of Notary, as mentioned in UUJN Number 30 Year2004 jo Law Number 2 Year 2014, Article 15 paragraph (2) letter (f), that Notary has authority to make deed related to land.The problematic of this research is: What is the legal basis of Notary's Role in Transaction of Land Procurement For Development Site of Sekadau Regency Government Complex  what is the role of Notary In Transaction of Land Procurement For Development Site of Sekadau Regency Government Complex ?; and what are the consequences of the legal barrier to the Notary's Role in the Land Acquisition Transaction for the Location of the Sekadau Regency Government Complex ?This research is with juridical-empirical approach that comes from collecting data obtained from primary data and secondary data, then analyzed by qualitative analysis method. Data collection techniques used are interview techniques. Data analysis techniques used qualitative data analysis.The findings of the researcher indicate that the legal basis of Notary and / or PPAT in the land is based on Law Number 30 Year 2004 regarding Notary Position and Regulation of the Head of National Land Agency Number 1 Year 2006 regarding Provisions on Implementation of Government Regulation Number 37 Year 1998 on the Regulation of Officials of the Establishment of Deed of Land. Presidential Decree No. 55/1993 and Presidential Regulation No. 65/2006, the transfer of land rights can be done through / in the presence of a Notary and / or PPAT. The real role of notary involvement in the construction of the Sekadau District Government office complex is the making of Notarial Deed No. 9 dated July 6, 2005 concerning Letter of Agreement on the Release of Land Rights between PT Sinar Bintang Sakti and the Regional Government of Sekadau Regency and the Notarial Deed. 10 dated July 6, 2005, concerning letters of recognition of debt principally Pemkab Sekadau acknowledged to have a debt to CHAN INDRA, with guaranteed land that has been received the release of land rights from CHAN INDRA as Director of PT. Sinar Bintang Sakti. The debate of a Notary is authorized to make deeds relating to land deeds lead to doubts about the validity of the notarial deed contained in office building projects in the Sekadau District Government.Suggestions to lawmakers to anticipate differences in legal interpretation in the future, it is recommended that both Law No. 30 of 2004 in conjunction with Law Number 2 Year 2014 on UUJN and the Notary Profession Code of Ethics, to strengthen the explanation of legislation has been compiled.Keywords : Notary Public, Land Procurement, Sekadau District.

scholarly journals Legal Review Of Malpractice Notary In The Notary’s Deed

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 647
Author(s):  
Enriko Silalahi ◽  
Akhmad Khisni
Keyword(s):  
Code Of Ethics ◽  
Supervisory Board ◽  
Secondary Data ◽  
Primary Data ◽  
Public Official ◽  
Criminal Offense ◽  
Library Studies ◽  
Notary Public ◽  
Administrative Sanction

Article 84 and Article 85 of Law No. 2 year 2014 on the amendments to the Act No. 30 year 2004 concerning Notary Public Official, when a Notary in performs his official duties and is proven to have committed a violation, the Notary may be subjected or sanctioned. The sanction is in the form of civil sanction, administration, and code of ethics of Notary. Besides, if a Notary commits a criminal offense, a criminal sanction may be imposed to him.The purpose of the research was to find out the malpractice of the Notary in the Notary deed, and to find out the role of the Regional Supervisory Board (MPD) in supervising Notaries who carry out malpractice actions.This study used a juridical-normative approach derived from the collection of primary data and secondary data, then they were analyzed by qualitative analysis methods. Data collection techniques used was library studies with qualitative data analysis.The result of the research showed that UUJN does not mention the existence of sanction punishment but a legal action against the violation done by Notary. It invites elements of forgery over intent/negligence in making authentic letter/deed which contains false facts. After administrative sanction/professional code of ethics Notary and civil sanctions, as well as qualified are as a criminal act committed by a Notary. If the notary is proven to have been involved in intentionally committing a crime of forgery of an authentic deed the sanction will be given to him/her.Suggestion to lawmakers to anticipate the different interpretations of the law can be done quickly, so that malpractice Notary will never occur again.Keywords: Sanctions; Notary; Malpractice; Accountability

scholarly journals KEWENANGAN NOTARIS DALAM HAL MEMBUAT AKTA PARTIJ (CONTOH KASUS PUTUSAN MAHKAMAH AGUNG NOMOR: 1003 K/PID/2015)

2019 ◽  
Vol 2 (2) ◽  
pp. 482
Author(s):  
Rio Utomo Hably ◽  
Gunawan Djajaputra
Keyword(s):  
Research Methods ◽  
Secondary Data ◽  
Supreme Court Decision ◽  
Primary Data ◽  
Public Official ◽  
Descriptive Research ◽  
Notary Public ◽  
The Republic ◽  
Case Number

Partij deed is a type of deed that can be made by a notary public official who is authorized by the state to perform services in society. Notary public as a public official who contains an authentic description of all events or events that are seen, experienced, and witnessed by the Notary himself. Notary Deed must contain what is desired by both parties in the agreement. The notary public only has the role of providing perfect proof of strength through the deed he made if later the parties to the deed disputed in court. In practice problems often arise including the issue of notary responsibility and notary authority as happened in the deed of party, how the authority of the Notary in Making Partij Deed (Example of Supreme Court Decision Case Number: 1003 K / PID / 2015) is a problem that is discussed. Descriptive research methods, using secondary data and primary data as supporting data, are analyzed qualitatively. The results of the study illustrate that the Notary does not follow under Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary.

scholarly journals Implementation of Legal Presumption Principle for Notary Deed Makes Partij According to Law No. 2 of 2014 on the Amendment of Act No. 30 of 2004 Concerning Notary Position

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 771
Author(s):  
Najmi Amudy ◽  
Gunarto Gunarto ◽  
Achmad Sulchan
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Public Official ◽  
Bad Faith ◽  
False Information ◽  
Problems And Solutions ◽  
The Face ◽  
The Law ◽  
Notary Public

The purpose of this study was to: 1) To identify and analyze the implementation of the principle of presumption valid for notaries who make Partij deed according to Law No. 2 of 2014 concerning amendments to the law No. 30 of 2004 concerning Notary. 2) To identify and analyze problems and solutions for the implementation of a legitimate presumption that a deed Partij Notary according to Law No. 2 of 2014 concerning amendments to the law No. 30 of 2004 concerning Notary. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by normative.Based on the results of data analysis concluded that: 1) an assessment of the Deed as the product of a public official, it must be done with the presumption of unauthorized or Vermoeden van rechtmatigheid or Presumptio lustae Causa, the Deed must be considered valid until there are those who claim deed is invalid then in the contested through the courts and there is a court decision that has permanent legal force 2) in the implementation of the principle of presumption valid for notaries who make Partij deed still major obstacles in the face by the Notary Public. Such constraints due to actions undertaken by the giving false information to the Notary in the process is an authentic deed, causing loss to the parties who feel aggrieved. The solution of the presumption of lawful implementation for notaries who make Partij deed is the absence of legal protection and legal justice for notaries who here become victims of false information given by to the Notary. In the event of the above, none of the violations committed by the Notary. Because of the early events at the root of the problem are the bad faith of the Notary. So that the implementation of their legitimate presumption that a deed Partij Notary shall apply. Because of the early events at the root of the problem are the bad faith of the Notary. So that the implementation of their legitimate presumption that a deed Partij Notary shall apply. Because of the early events at the root of the problem are the bad faith of the Applicant. So that the implementation of their legitimate presumption that a deed Partij Notary shall apply.Keywords: Principle of Legal Presumption, Notary, Partij deed.

scholarly journals Akibat Hukum Perjanjian Jual Beli Hak Atas Tanah

2020 ◽  
Vol 1 (1) ◽  
pp. 112-117
Author(s):  
Made Erik Krismeina Legawantara ◽  
Desak Gde Dwi Arini ◽  
Luh Putu Suryani
Keyword(s):  
Secondary Data ◽  
Land Rights ◽  
Civil Code ◽  
Customary Law ◽  
Primary Data ◽  
Conceptual Approach ◽  
Legal Method ◽  
Absolute Requirement ◽  
Secondary Data Sources ◽  
Legal Consequences

Sale and purchase is usually done by an agreement or what is known as a sale and purchase agreement, based on customary law a sale and purchase agreement is a real agreement, meaning that the delivery of the goods agreed upon is an absolute requirement fulfilled for the existence of an agreement. This research aims to find out about the arrangement of the land purchase agreement and find out the legal consequences of the land purchase agreement if there is a default. The method used in this research is the normative legal method with the statutory approach (satute aproach) and the conceptual approach. There are two types of data used, namely Primary (Laws and Regulations) as primary data and secondary data (sources of literature, books and research journals). Data analyzed are presented in the form of descriptions. Research results show that the sale and purchase rights of land rights are regulated in article 1457. The Civil Code which determines that buying and selling is an agreement between the buyer and the seller in an agreement where the legal terms of the agreement must meet subjective and objective conditions, with the consequence that the agreement is not can be canceled unilaterally because it must be implemented in good faith. Then, due to the Default Law for the Parties In Canceling the Deed of Agreement on the Sale and Purchase of Land Rights, it is regulated in Article 1366 of the Civil Code which stipulates that everyone is responsible not only for losses caused by his actions, but also for losses caused by negligence or indifference careful. Article 1366 of the Civil Code explains the responsibility of someone who has done harm to another person / other party, either because of his own actions or due to negligence and carelessness that causes other parties to suffer losses from him.

Notary Professional Legal and Ethical Liability for Deed Reading Obligations Made by Notaries

Authentica ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 79-94
Author(s):  
Chandra Kurniawan Setyabudi
Keyword(s):  
Human Rights ◽  
Code Of Conduct ◽  
Secondary Data ◽  
Research Process ◽  
Primary Data ◽  
Public Official ◽  
Approach Method ◽  
The Law ◽  
Laws And Regulations

A Notary is a public official who in the case of his appointment and dismissal is carried out by the Minister of Law and Human Rights. The implementation of the duties of notary positions is based on Reglement op Het Notary Ambt in Indonesia / Regulation of the Notary Department in Indonesia (Staatsblad 1860 Number 3 the year 1860) as amended by Law No. 30 of 1860 2004 on Notary Department and as amended back to Law No. 2 of 2014 on Changes to Law No. 30/2004 on Notary Departments (thus called Notary Department Law or UUJN). UUJN makes a Notary authorized to make an authentic deed and other authorities as referred to in the Law. The obligation of a Notary in carrying out his duties and authority can be seen in the provisions of Article 16 of UUJN. The notary shall recite the deed that has been presented before the protesters by attending by at least 2 (two) witnesses or 4 (four) witnesses, and specifically in the case of the making of a will deed made underhand and then signed at the same time by the intercepts, witnesses and notaries, stipulated in Article 16 paragraph (1) letter m UUJN. The implementation of such obligations in the author's research process turns out that several Notaries do not carry out the obligation to read the deed. Notary in carrying out the duties and authority of its office is bound by the prevailing Laws and Regulations, namely the Law of the Notary Department and the Notary Code of Conduct. The approach method used in this study is a normative juridical approach. The data used is secondary data and primary data as a complement to secondary data. The results of the research and discussion of this research is the responsibility imposed on the Notary when he does not perform the reading of the deed that he has made before the intercepters and witnesses i.e. in terms of civility, the intercepter who feels materially harmed because of the mistakes made by the Notary to the material truth of the deed he made can seek damages for the deed made by the Notary concerned. The implication of not doing the reading of the deed by a notary can result in the evidentiary power of the deed which should be an authentic deed that has the power of perfect proof precisely resulting in the strength of its proof becoming underhand. The provisions of the reading of the deed referred to in the UUJN according to the author are also in the obligation to carry out the duties of the office as stipulated in the Amendment of the Notarial Code of Conduct of the Notary Association of Indonesia in Article 3 paragraph (15). The application of sanctions to the Notary may be Reprimand, Warning, Schorsing (temporary dismissal) of the Membership of the Association, Onzetting (dismissal) of the Membership of the Association, and disrespectful dismissal of the membership of the Association. The lifting of these sanctions is adjusted to the quality and quality of the violations committed by the member. Keywords: Responsibility, Notary, Notary Code of Conduct, Deed

Application of Prudential Principles in Registration of Granting Mortgage Right (APHT)

Authentica ◽  
2020 ◽  
Vol 2 (2) ◽  
pp. 121-145
Author(s):  
Hesti Kusumaningrum
Keyword(s):  
Precautionary Principle ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
The Precautionary Principle ◽  
Registration Process ◽  
Approach Method ◽  
Working Day ◽  
Administrative Sanctions ◽  
Legal Consequences

The precautionary principle serves as a guideline for PPAT in carrying out the APHT registration process. In-Law No.4 of 1996 concerning Underwriting Rights, PPAT Position, and Civil Regulations No.1 Year 2006 implies the precautionary principle regarding the provision that the PPAT is personally responsible for the duties and authorities in the process of making the deed. PPAT must apply accuracy in registering APHT to the Land Office. Registration becomes an important moment for the birth of Underwriting Right, the fulfillment of the principle of publicity, the position of the preferred creditor as the holder of the Underwriting Right. The data used in this study are secondary data with primary data as secondary data supplementary data. The approach method used in this study is the normative juridical approach. The results of the study obtained concluded that 2 (two) terms of the application of the precautionary principle of the form and content of APHT made by PPAT in accordance with applicable regulations, however, APHT registration occurred later than the 7 (seven) working day deadline. Not applying the precautionary principle can lead to legal consequences for the PPAT, APHT. and preferred creditors, from the aspects of civil, criminal, and administrative law. Preventive and repressive legal protection for all parties concerned in the series of APHT registration processes. Suggestions for PPAT need to apply the precautionary principle to minimize late APHT registration, the Land Office needs to apply administrative sanctions. Keywords: prudential principles; APHT registration; legal consequences

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