Keabsahan akta jual beli sebagai alas hak dalam sengketa hak atas tanah (studi putusan nomor 104/PDT.G/2020/PN.KWG)

Abstract

Land ownership disputes still frequently occur in land practices in Indonesia, one of the causes being differing claims of ownership as well as the existence of more than one form of evidence or legal basis over the same parcel of land. This condition creates legal uncertainty, even though the transfer of land rights has been carried out through a Sale and Purchase Deed (AJB) made by a Land Deed Official (PPAT). This issue indicates that the existence of an AJB as an authentic deed does not always guarantee the absence of disputes if the process of transferring land rights does not comply with applicable legal provisions. This study aims to analyze the historical development of the law on the transfer of land ownership within Indonesia’s land law system, to examine the legal position of the AJB as the legal basis for transferring land rights through sale and purchase, and to analyze the judge’s legal considerations in assessing the validity of the AJB in Decision Number 104/Pdt.G/2020/PN.Kwg. This research is a normative legal study using statutory and case approaches. The legal materials consist of primary and secondary sources, which are analyzed qualitatively. The results show that the development of law regarding the transfer of land rights in Indonesia is directed toward a national land law system that emphasizes the importance of land registration to ensure legal certainty. In this context, the AJB holds the position of an authentic deed that serves as the basis for registering the transfer of land rights. However, stronger legal certainty is only obtained after the transfer is registered and a certificate is issued, thereby fulfilling the principle of publicity. In Decision Number 104/Pdt.G/2020/PN.Kwg, the judge assessed the validity of the AJB not only based on its formal status as an authentic deed but also by considering the fulfillment of both material and formal requirements in the process of transferring land rights.