PERTANGGUNG JAWABAN PEJABAT PEMBUAT AKTA TANAH TERHADAP AKTA JUAL BELI HAK ATAS TANAH YANG BATAL AKIBAT CACAT HUKUM DI KOTA PADANG

Abstract

This research examines the liability of Land Deed Officials (PPAT) regarding sale and purchase deeds of land rights (AJB) that become null and void due to legal defects in Padang City. The Sale and Purchase Deed (AJB) is an authentic deed with binding legal force, serving as the basis for the transfer of land rights. The study focuses on two main issues: (1) the implementation of AJB drafting by PPAT, and (2) the liability of PPAT when an AJB is annulled because of legal defects. The research method applied is sociological juridical, using data collection through interviews and document studies. Primary data were obtained from direct interviews with PPATs and related parties, while secondary data were sourced from legislation, legal literature, and official documents. All collected data were analyzed qualitatively to provide a comprehensive understanding of field practices. The findings show that the implementation of AJB by PPAT begins with document verification from the parties and certificate checking at the National Land Agency (BPN) to ensure the absence of encumbrances, disputes, or mortgages. Concerning liability, PPAT is only responsible for the annulment of AJB if both parties act in good faith. The annulled certificate is returned to the original owner, followed by corrections to the physical land data according to applicable regulations.