ARCHIVES
VOL. 12, ISSUE 3 (2026)
The liability of the temporary land deed official in relation to the sale and purchase deed of inherited land executed without the signatures of all heirs
Authors
Farida Sukma, Darmawan, Ilyas Ismail
Abstract
The Temporary Land Deed Official (PPATS) is a public official vested with the authority to draw up authentic deeds concerning specific legal acts over land, including Sale and Purchase Deeds. In practice, the execution of Sale and Purchase Deeds involving inherited land often gives rise to legal disputes when not all heirs, as joint right holders, are included in the process. The cases under examination are Sale and Purchase Deed Number 021 of 2018 and Sale and Purchase Deed Number 51 of 2020, both executed without the signatures of all heirs, thereby resulting in disputes and legal uncertainty. This research aims to analyze and explain the legal liability of PPATS in relation to the execution of Sale and Purchase Deeds of inherited land without the participation of all heirs. The research method employed is empirical juridical, with a socio-legal approach. The data sources consist of both primary and secondary data. The findings indicate that the legal liability of PPATS is inherent in their authority as public officials, who are bound to apply the principle of prudence. In these cases, PPATS failed to conduct comprehensive verification of the heirs’ structure, including substitute heirs, thereby committing negligence in ensuring the legality of the legal subjects. Such negligence encompasses insufficient examination of inheritance documents, incomplete verification of legal subjects, and failure to secure the consent of all heirs.
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Pages:320-324
How to cite this article:
Farida Sukma, Darmawan, Ilyas Ismail "The liability of the temporary land deed official in relation to the sale and purchase deed of inherited land executed without the signatures of all heirs". International Journal of Law, Vol 12, Issue 3, 2026, Pages 320-324
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