​Legal Protection for Holders of Land Title Certificates Against Legally Defective PPAT Deeds

Abstract

Purpose: Existing Indonesian studies commonly examine certificate validity, good-faith purchaser protection, PPAT responsibility, and administrative cancellation separately. This study examines their intersection when a land title certificate is based on a PPAT deed that is later declared legally defective or null and void.Research Methodology: This study applies normative-doctrinal legal research through statutory, conceptual, case, and analytical approaches. Semi-structured interviews with persons familiar with Penjabat Pembuat Akta Tanah (PPAT) practice and land administration serve only as contextual evidence to clarify verification, due diligence, and implementation practices; legal conclusions remain grounded in authoritative legal materials.Results: The findings produce a tripartite proportionality framework requiring sequential assessment of the underlying transfer and the buyer’s good faith, the PPAT’s duty, fault, breach, and causal contribution, and the Land Office’s corrective obligations after the final judgment. Good-faith protection is relative and may shift from retaining the land to compensation, whereas PPAT liability depends on proven fault and causation rather than deed annulment alone.Conclusions: Defective deed disputes require the proportional allocation of rights, liabilities, remedies, and administrative corrections among the original owner, good-faith buyer, PPAT, fraudulent actor, and Land Office.Limitations: This study is doctrinal, supported by limited contextual interviews, and does not quantitatively compare regional judgments or cancellation practices.Contributions: The framework offers courts a structured reasoning sequence, PPATs a due diligence and liability standard, and Land Offices guidance for executing final judgments accurately.