Kepastian Hukum Pebcatatan Perjanjian Jual Beli Atas Tanah Terdaftar pada Kantor Pertaahan Ditinjau dari Peraturan Menteri ATR BPN Nomor 16 Tahun 2021

Abstract

A binding sale and purchase agreement is a preliminary agreement made before the sale and purchase is carried out before a notary. without an agreement, an agreement will not be formed. With an agreement, a legal relationship arises between the parties, where one party has the right to performance, and the other party is obliged to fulfill that performance. The issues that will be discussed are why the sale and purchase agreement on registered land between the seller and the buyer is recorded at the land office, whether the legal act of the sale and purchase agreement on registered land between the seller and the buyer which is carried out by a notary has there been a transfer of rights between the seller and buyers, what is the principle of legal certainty in the implementation of recording sales and purchase agreements for land registered at the land office This research uses a normative juridical legal approach that is descriptive in nature. The data sources were obtained through primary data, namely an approach using legislation. Secondary legal data was obtained from law books, literature, journals, theses, dissertations, and articles. Tertiary legal data was obtained through internet sites. The data collection technique in this writing comes from literature studies. The results of the study indicate that in the process of transferring land rights based on a sale and purchase binding agreement and power of attorney, the legal strength of the deed of sale and purchase binding agreement for land rights made by a Notary as regulated in the 2021 Minister of Agrarian Regulation in Article 127 letter B regarding the recording of the implementation of making a deed of sale and purchase is very strong. This is because the Binding Sale and Purchase Agreement (PJB) deed and power of attorney made before a notary are notarial deeds, thus constituting authentic deeds. PPJB is an engagement with suspensive conditions, suspending the birth of the engagement until the occurrence of the promised event; in this case, the parties promise to make a sale and purchase agreement if the conditions agreed in the PPJB have been fulfilled. The National Land Agency (BPN) states that if land sales should be carried out immediately with the transfer of certificate rights, to avoid disputes in the future.