Penyuluhan Hukum Oleh Pejabat Pembuat Akta Tanah Terhadap Akta yang Dibuatnya

Abstract

This research aims to examine and analyze the obligation of legal counseling by Land Deed Officials and the responsibility of the Deed Officials who do not provide legal counseling for the deeds they create. The problem formulation consists of First, how the obligation of legal counseling by the Land Deed Official to the applicants, Second, how the responsibility of the Land Deed Official who does not provide legal counseling for the deed made in front of him. This research is a juridical-normative legal study, examining various regulations related to the issues at hand. This research is a library legal study conducted by examining library materials or secondary data only. The results of this research are as follows: First, the obligation of PPAT to provide legal counseling is contained in Article 3, letter h of the Code of Ethics of the Indonesian Association of Land Deed Officials (IPPAT). The purpose is to achieve justice and the principle of balance for the parties involved in the deed-making process. If this obligation is not fulfilled, justice and balance in performance for the parties will not occur, which can lead to losses among the parties. Second, the responsibility of PPAT who does not provide legal counseling is an administrative responsibility ranging from reprimands to dismissal with dishonor from IPPAT membership. This is in accordance with the principle of fault-based responsibility; however, PPAT must be proven to have made a mistake to be held accountable. This is also a form of fulfilling corrective justice for the aggrieved party.