Pelaksanaan Peralihan Hak Milik Atas Tanah yang Tidak Dibuat di Hadapan PPAT (Studi Putusan Nomor 116/Pdt.G/2021/PN Prp)

Abstract

The proper transfer of land ownership must comply with Government Regulation Number 24 of 1997 and Government Regulation Number 37 of 1998, which stipulate that the land deed must be executed before a Land Deed Official (PPAT) and used as a requirement for registering the transfer of land rights at the local land office where the land is located. However, in practice, there are still many cases in society where land sale and purchase transactions are conducted without adhering to these legal provisions. This study employs a normative juridical research method with a descriptive-analytical approach. The data source used is secondary data, consisting of primary legal materials, secondary legal materials, and tertiary legal materials, using a literature research technique and document study as the data collection tool. The research findings indicate the following: First, the transfer of land ownership based on a court ruling regarding a sale and purchase that was carried out without a PPAT deed may still serve as a valid legal basis for transferring land ownership rights. The court has the authority to order the Head of the Land Office to carry out the name transfer on the land certificate, as seen in Decision Number 116/Pdt.G/2021/PN Prp. Second, the legal effect of land ownership transfer based on a court decision can provide legal certainty. With a final and binding court ruling (inkracht), the plaintiff may proceed to register the transfer of rights and the name change on the ownership certificate, since such rulings hold the same probative value as authentic deeds. Third, in Decision Number 116/Pdt.G/2021/PN Prp, the judge of the Pasir Pengaraian District Court granted the plaintiff Suliyanto's claim entirely through a default judgment (verstek) for the land ownership transfer at the Land Office of Rokan Hulu Regency. The legal consideration was that the plaintiff had controlled and managed the land in question without any objection from other parties. Therefore, the panel ofjudges approved the plaintiff 's request to transfer the ownership title of Certificate Number 941/Kota Baru from Enjum to the plaintiff at the National Land Agency Office of Rokan Hulu Regency.