Perlindungan Hukum Terhadap Pembeli Hak Atas Tanah Dalam Akta Jual Beli Dan Pemindahan Hak Yang Dibuat Oleh Notaris (Studi Putusan Mahkamah Agung Republik Indonesia Nomor 3059 K/Pdt/2020)

Abstract

Land is a fundamental human necessity that frequently leads to disputes, often arising from legal relationships between individuals and land. Based on Law No. 2 of 2014 amending Law No. 30 of 2004 concerning Notary Positions, parties involved in notarial deeds are entitled to legal certainty. However, in this study’s case, the buyer listed in the notarial deed did not receive legal protection or fulfillment of rights, despite meeting their obligations under the deed’s terms. This analysis examines the evidentiary nature of sale and purchase deeds and land rights transfers executed by notaries, the validity of unregistered land sale transactions based on the Supreme Court of Indonesia Decision No. 3059 K/Pdt/2020, and the legal protection afforded to land rights buyers under similar circumstances. The research employs a prescriptive approach using normative juridical methods. Secondary legal materials are used as data sources, with data collection conducted through library research. Data analysis follows a qualitative methodology based on deductive reasoning. The findings reveal that legal protection for buyers includes inserting protective clauses in the notarial deed, such as guarantees that the property is free from disputes and authorizing the buyer to register the land rights. Additionally, buyers can file a breach of contract lawsuit against sellers who fail to fulfill their obligations. The study concludes that the sale and purchase deed and land rights transfer deed created by the notary failed to meet the subjective elements required for a valid agreement under Article 1320 of the Indonesian Civil Code. Furthermore, the seller was deemed legally incompetent to conduct the sale, rendering the legal act void under Article 1471 of the Civil Code. Given the buyer’s resulting losses, legal protection should be enhanced. Notaries must exercise due diligence in verifying the authenticity of parties’ data in accordance with applicable regulations to achieve justice, legal certainty, and utility in every notarial deed.