ARCHIVES
VOL. 9, ISSUE 6 (2023)
Juridical analysis of the legal validity of land sale and purchase transactions without the involvement of land deed officers (PPAT)
Authors
Sella Mustika Alzumaizah, Hartiwiningsih, Fatma Ulfatun Najicha
Abstract
The sale and purchase of land rights in
Indonesia follow officially regulated and lawful procedures that must be
conducted in the presence of Land Deed Officers (PPAT) based on Government
Regulation No. 24 of 1997. This step signifies the validity of the land rights
sale and purchase transactions. PPAT is responsible for composing the Deed of
Sale and Purchase, which is subsequently registered at the local Land Office,
explicitly acknowledging the transaction and recording the transfer of land
ownership to the new buyer. Land sale and purchase transactions conducted
without involving Land Deed Officers (PPAT) indeed possess limited legal
strength, merely confirming the validity of the sale and purchase transaction
itself in line with Article 1457 of the Civil Code and Supreme Court Decision
No. 126 K/Sip/1976. Nevertheless, this does not provide comprehensive legal
assurance regarding the ownership of the traded land. This uncertainty aligns
with the regulations stated in Government Regulation No. 24 of 1997, specifying
that the validity of the transfer of land rights can only occur if the sale and
purchase transaction ful fills formal requirements, specifically conducted in
the presence of authorized PPAT. Therefore, valid proof indicating land
ownership is the land certificate issued by the National Land Agency, one of
which is obtained through a deed drafted in the presence of PPAT. This
emphasizes that through land transactions facilitated by PPAT, there exists
more convincing legal strength and clearer legal certainty regarding the
ownership of the land. Suggestions advocate the awareness of the significance
of involving Land Deed Officers (PPAT) in every land sale and purchase
transaction to ensure legal certainty concerning land ownership. Hence, it is
advised that individuals engaging in land transactions consistently involve
PPAT to compose a legally valid deed. By involving PPAT, the security and legal
certainty regarding land transactions are more assured, thus potentially
reducing future disputes concerning land ownership. Additionally, it is crucial
to comprehend and adhere to the procedures and regulations governing the land
ownership transfer process to ensure the legality of transactions and accurate
land ownership, thereby avoiding undesired legal consequences
Download
Pages:156-159
How to cite this article:
Sella Mustika Alzumaizah, Hartiwiningsih, Fatma Ulfatun Najicha "Juridical analysis of the legal validity of land sale and purchase transactions without the involvement of land deed officers (PPAT)". International Journal of Law, Vol 9, Issue 6, 2023, Pages 156-159
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.