Kajian Yuridis Legalitas Perjanjian Jual Beli Atas Tanah yang Dibuat Dihadapan Kepala Desa

Abstract

Land Certificate Letters (Surat Keterangan Tanah) hold a significant position in land-related matters in Indonesia, as many citizens still rely on these documents as proof of land ownership when engaging in legal acts such as buying and selling. In practice, however, land sale transactions are often conducted before the village head rather than the authorized official, namely the Land Deed Official (PPAT), which can potentially lead to disputes over land ownership status. This study aims to provide a juridical review of a case at the Kuala Simpang District Court with Decision Number 5/Pdt.G/2020/PN Ksp. The research analyzes the legal standing of land sale certificates issued by the village head after the enactment of Agrarian Law; the legal validity of legal acts using such certificates based on Decision Number 5/Pdt.G/2020/PN Ksp; and the judges' considerations in rendering their verdict in the case. This study employs a normative juridical legal research method, using secondary data supplemented with primary data obtained through interviews with the village head and their staff, a local community member, and a judge who ruled on a similar case. The research adopts both statute and case approaches and is descriptive-analytical in nature. The analysis was conducted qualitatively using deductive logic. The findings show that the legal status of land sale certificates issued by the village head, based on the Basic Agrarian Law Number 5 of 1960, remains valid as preliminary evidence of physical possession, considering Article 24 paragraph (l) of Government Regulation Number 24 of 1997 as written proof. Legal acts using land sale certificates made before the village head are legally valid, provided they comply with the same regulation. The panel of judges considered the Plaintiff’s Land Sale Certificate as a private deed in the absence of a land certificate. The certificate can serve as evidence of physical possession or supporting evidence in the land registration process at the National Land Agency (BPN), in order to strengthen proof of ownership rights over a parcel of land.