Rights In Which The Identity Of The Legitimate Owner Of Property Certificates Is Faked Study Decision 226/Pdt.G/2022/Pn.Skt

Abstract

This paper examines the legal consequences of a lien encumbrance arising from the falsification of the true owner's data regarding a Certificate of Ownership (Sertifikat Hak Milik), and analyzes the legal status of the deed executed by a Notary or Land Deed Official (PPAT). Employing a normative legal approach focusing on regulations and an analysis of Court Decision No. 226/Pdt.G/2022/PN.Skt the study reveals that identity manipulation does not invalidate the underlying loan contract between the bank and the debtor. However, this phenomenon directly impacts the validity of the collateral and the legality of the lien. While the deed executed by the Notary/PPAT is formally valid, it is subject to annulment due to a defect of will caused by the pledging party's lack of authority over the collateral object.