The Importance of Checking the Certificate of Land Rights

Oct 13, 2025 by leolavanderia.com.br 113 views

Juridical Review: Oral Checking of the Certificate of Land Rights in the Signing of the Deed is Related to Take Over Bank Credit

In the process of making a deed, the Land Deed Making Officer (PPAT) plays a crucial role in ensuring that all necessary documents are in order. One of the key steps in this process is checking the certificate of land rights, which is a vital component of the deed-making process. However, in certain situations, especially when the banking loan take over process takes place quickly and urgently, there is a tendency for PPAT to conduct oral checks on staff at the Land Office. This article will discuss the importance of checking the certificate of land rights in writing and the potential consequences of oral checking.

The Importance of Checking the Certificate of Land Rights

Checking the certificate of land rights is a crucial step in the process of making a deed. This process is usually carried out in writing, where PPAT will bring the original certificate along with a certificate of land registration as proof of the validity of existing documents. The certificate of land rights is a document that proves the ownership of a piece of land, and it is essential to ensure that this document is accurate and up-to-date.

According to Article 39 of Government Regulation Number 24 of 1997 and Article 196 PMNA/ Head of BPN Number 3 of 1997, checking certificates should be carried out with formal and written mechanisms. This process is not just an administrative stage, but has significant legal implications. The right documentation not only ensures that all information is accurate and in accordance with the records at the Land Office, but also provides legal certainty for all parties involved.

The Risks of Oral Checking

Non-compliance with this procedure, in this case checking in writing, can be fatal. If PPAT ignores this obligation and only relies on oral information, it is likely that the resulting deed becomes legally flawed. Checking that is not in accordance with legal provisions can be considered as an act of violating the law, which has the potential to cause disputes in the future. This has become more serious when dealing with financial transactions such as banking loans, where legal certainty is needed to protect the interests of all parties.

In addition, oral checking can also lead to a lack of transparency and accountability. When PPAT relies on oral information, it can be difficult to track the source of the information and ensure that it is accurate. This can lead to a lack of trust and confidence in the deed-making process, which can have serious consequences for all parties involved.

Recommendations for PPAT

It is essential for PPAT to realize the consequences of actions that may look efficient but actually violate the provisions. Therefore, PPAT should actively socialize the importance of checking the certificate in writing. By understanding the goals and functions of this procedure, all parties are expected to further appreciate the legal certainty created.

PPAT also needs to prioritize integrity and professionalism in every transaction, including in the process of take over bank credit. This means that PPAT should always follow the official procedure in checking the certificate, and not rely on oral information. By doing so, PPAT can maintain the quality and legal force of the documents produced, and minimize the risk of disputes and legal issues.

The Benefits of Written Checking

By following the official procedure in checking the certificate, PPAT can ensure that all necessary documents are in order, and that the deed-making process is carried out in a transparent and accountable manner. This can lead to a number of benefits, including:

Increased legal certainty: By following the official procedure, PPAT can ensure that the deed-making process is carried out in a way that is consistent with the law, and that all parties involved have a clear understanding of their rights and obligations.
Improved transparency and accountability: Written checking ensures that all information is accurate and up-to-date, and that all parties involved have access to the same information.
Reduced risk of disputes and legal issues: By following the official procedure, PPAT can minimize the risk of disputes and legal issues, and ensure that all parties involved are protected.

Conclusion

In conclusion, checking the certificate of land rights is a crucial step in the process of making a deed. While oral checking may seem like an efficient way to complete this process, it can actually lead to a number of serious consequences, including a lack of transparency and accountability, and a risk of disputes and legal issues. By following the official procedure in checking the certificate, PPAT can ensure that all necessary documents are in order, and that the deed-making process is carried out in a transparent and accountable manner.

It is essential for PPAT to prioritize integrity and professionalism in every transaction, including in the process of take over bank credit. By doing so, PPAT can maintain the quality and legal force of the documents produced, and minimize the risk of disputes and legal issues. By understanding and implementing existing legal provisions, PPAT can contribute to a better and more reliable legal system, especially in matters relating to land rights and banking transactions.
Frequently Asked Questions: Juridical Review of Oral Checking of the Certificate of Land Rights in the Signing of the Deed

In our previous article, we discussed the importance of checking the certificate of land rights in writing and the potential consequences of oral checking. In this article, we will answer some of the most frequently asked questions related to this topic.

Q: What is the purpose of checking the certificate of land rights?

A: The purpose of checking the certificate of land rights is to ensure that all necessary documents are in order and that the deed-making process is carried out in a transparent and accountable manner. This includes verifying the accuracy and validity of the certificate, as well as ensuring that all parties involved have a clear understanding of their rights and obligations.

Q: Why is oral checking not recommended?

A: Oral checking is not recommended because it can lead to a lack of transparency and accountability. When PPAT relies on oral information, it can be difficult to track the source of the information and ensure that it is accurate. This can lead to a lack of trust and confidence in the deed-making process, which can have serious consequences for all parties involved.

Q: What are the consequences of oral checking?

A: The consequences of oral checking can be serious and include:

Lack of transparency and accountability: Oral checking can lead to a lack of transparency and accountability, making it difficult to track the source of the information and ensure that it is accurate.
Risk of disputes and legal issues: Oral checking can lead to a risk of disputes and legal issues, as the accuracy and validity of the certificate may be compromised.
Loss of trust and confidence: Oral checking can lead to a loss of trust and confidence in the deed-making process, which can have serious consequences for all parties involved.

Q: What are the benefits of written checking?

A: The benefits of written checking include:

Increased legal certainty: Written checking ensures that the deed-making process is carried out in a way that is consistent with the law, and that all parties involved have a clear understanding of their rights and obligations.
Improved transparency and accountability: Written checking ensures that all information is accurate and up-to-date, and that all parties involved have access to the same information.
Reduced risk of disputes and legal issues: Written checking minimizes the risk of disputes and legal issues, and ensures that all parties involved are protected.

Q: What should PPAT do to ensure that the deed-making process is carried out in a transparent and accountable manner?

A: PPAT should follow the official procedure in checking the certificate, and not rely on oral information. This includes:

Verifying the accuracy and validity of the certificate: PPAT should verify the accuracy and validity of the certificate, and ensure that all necessary documents are in order.
Ensuring that all parties involved have a clear understanding of their rights and obligations: PPAT should ensure that all parties involved have a clear understanding of their rights and obligations, and that all necessary information is provided.
Maintaining transparency and accountability: PPAT should maintain transparency and accountability throughout the deed-making process, and ensure that all parties involved have access to the same information.

Q: What are the consequences of not following the official procedure in checking the certificate?

A: The consequences of not following the official procedure in checking the certificate can be serious and include:

Loss of trust and confidence: Not following the official procedure can lead to a loss of trust and confidence in the deed-making process, which can have serious consequences for all parties involved.
Risk of disputes and legal issues: Not following the official procedure can lead to a risk of disputes and legal issues, as the accuracy and validity of the certificate may be compromised.
Lack of transparency and accountability: Not following the official procedure can lead to a lack of transparency and accountability, making it difficult to track the source of the information and ensure that it is accurate.

By following the official procedure in checking the certificate, PPAT can ensure that the deed-making process is carried out in a transparent and accountable manner, and that all parties involved are protected.