KEPASTIAN HUKUM PERALIHAN JUAL BELI HAK ATAS TANAH YANG DILAKUKAN TANPA AKTA JUAL BELI YANG DIBUAT DI HADAPAN PPAT

Abstract

Article 37 paragraph (1) of Government Regulation Number 24 of 1997, as amended by Government Regulation Number 18 of 2021, provides that the transfer of land rights through sale and purchase may only be registered if evidenced by a deed executed by a Land Deed Official (PPAT). In practice, however, land sale and purchase transactions conducted privately without a PPAT deed are still frequently found, thereby creating legal problems for the buyer. The research questions what are the legal consequences of the sale and purchase of land rights conducted without a sale and purchase deed executed by a PPAT, and how is legal certainty achieved in the transfer of land rights through sale and purchase conducted without such a deed? This research applies Jan Michiel Otto’s theory of legal certainty and Boedi Harsono’s theory of land registration. This study employs normative juridical legal research. The approaches used are the statutory, case, analytical, and conceptual approaches. Legal materials were collected through the identification and inventory of positive legal provisions, books, journals, and other relevant legal sources. The legal materials were analyzed using grammatical and systematic interpretation, as well as the legal construction techniques of analogy and legal refinement (rechtsverfijning). The results demonstrate that a land sale and purchase transaction conducted without a PPAT deed remains valid as an agreement if it satisfies the requirements under Article 1320 of the Indonesian Civil Code and the customary law principles of terang and tunai. However, such validity is limited to an obligatory relationship between the seller and the buyer and does not effectuate the juridical transfer of land rights, which requires registration with the Land Office. Consequently, the land rights remain registered in the seller’s name. Legal certainty may be achieved through the execution of a Sale and Purchase Deed before a PPAT. If the seller refuses to sign the deed, the buyer may file a lawsuit, and a final and binding court decision may serve as the basis for executing the deed and registering the transfer of land rights.