Legal Strength Of Grant Deed Made By Land Deed Official In The \nAuthenticity Of The Deed Perspective
The position and strength of a PPAT deed as an authentic deed in the evidence \nsystem due to the lack of synchronization of laws and regulations, so it is interesting to \nconduct further research. One of the authentic deeds made by PPAT discussed in this thesis \nis a deed of gift, where to make a gift for immovable property can be done with an \nauthentic deed or a deed under hand. However, to ensure legal certainty and to be a valid \nevidence, the transfer of the gift is carried out by making an authentic deed. The research \nuses the Normative Juridical method (legal research), namely legal research using legal \nnorms as the object of its research based on an internal perspective that is able to provide \nlegal arguments when conflicts, ambiguities, or legal gaps are found. The result is The \npower of grant deed made by the PPAT is a private deed, because the form and format of \nthe deed of grant made by the PPAT are not regulated in the Law but are only regulated in \nthe Ministerial Regulation. Therefore, the deed of grant made by the PPAT is not an \nauthentic deed, so that its legal force remains binding on both parties but only as a private \ndeed. The legal consequence of the deed of grant made by the PPAT is that the deed of \ngrant is downgraded to a private deed because the position of the deed of grant made by \nthe PPAT does not meet the qualifications of an authentic deed as stipulated in Article \n1868 of the Civil Code. This is certainly detrimental to the parties, because the \nimplementation of the grant as stipulated in Article 1682 of the Civil Code must be carried \nout with an authentic deed.
Publication Details
- Journal
- Ubaya Repository (University of Surabaya)
- Published
- 2024-12-31
- Primary Topic
- Legal Studies and Policies
- Type
- article
- Field-Weighted Citation Impact
- 0.00