ANALISIS YURIDIS TERHADAP PERKARA PIDANA DALAM PROSES JUAL BELI TANAH SERTA BALIK NAMA SERTIFIKAT MELALUI PPAT DALAM KASUS KELUARGA NIRINA ZUBIR

Abstrak

As for follow up crimes or crimes that often occur in buying and selling or transferring land rights This is like fraud in buying and selling land, falsifying title certificates/documents over land and also money laundering crimes. As is the case in the Decision Number 248/Pid.B/2022/PN.Jkt.Brt where this case is a criminal case falsification of land ownership certificate documents and money laundering by the Land Deed Making Official (PPAT). In this research that is the main thing The problem is what the legal consequences of inappropriate transfer of rights will be with the transfer of rights regulations in Decision Number 248/Pid.B/2022/PN.Jkt.Brt and How do judges consider criminal acts in the process of buying and selling land? and change the name of the certificate through PPAT based on the results of Decision Number 248/Pid.B/2022/PN.Jkt.Brt. This research is normative juridical research is descriptive analysis, so that the data obtained is analyzed qualitatively by using secondary data sources, so that it can be accounted for scientifically. The legal basis refers to Article 264 Paragraph (1) of the Criminal Code Jo Article 55 Paragraph (1) 1st of the Criminal Code and Article 3 of Republic of Indonesia Law Number 8 of 2010 regarding the Crime of Money Laundering Jo. Article 55 Paragraph (1) 1 of the Criminal Code in conjunction with Article 56 Paragraph (1) of the Criminal Code. Results of research regarding the legal consequences that occur in the Decision Number 248/Pid.B/2022/PN.Jkt.Brt is that the Defendants are subject to criminal sanctions imprisonment for 2 (Two) Years and 8 (Eight) Months each and a fine for each IDR 1,000,000,000 each (one billion rupiah) for violating Article 264 Paragraph (1) Criminal Code in conjunction with Article 55 Paragraph (1) 1st of the Criminal Code and Article 3 of Law of the Republic of Indonesia Number 8 2010 concerning the Crime of Money Laundering Jo. Article 55 Paragraph (1) 1st of the Criminal Code Jo Article 56 Paragraph (1) of the Criminal Code and the judge's considerations in trying this case based on evidence from the prosecutor and the fulfillment of the elements of the article accused of the actions of the Defendants.