Tinjauan Yuridis terhadap Jual Beli Atas Tanah yang Termasuk Harta Perkawinan (Gono-Gini) yang Dijual Istri Tanpa Persetujuan Suami (Studi Putusan Mahkamah Agung Nomor 3325/K/Pdt/2020)

Abstract

The background of this thesis concerns the issue arising when a jointly owned property in the form of land is transferred without the husband's consent, resulting in questions regarding the legality of the deed issued by the sub-district head (Camat) as the Acting Land Deed Official (PPATS). The problem caused by this land transfer is the loss suffered by a bona fide purchaser, whose rights were annulled following Supreme Court Decision No. 3325 K/Pd/2020, including both material and immaterial damages. Based on this issue, the research raises three main questions: first, what is the responsibility of the Acting Land Deed Official (PPATS) in issuing a sale and purchase deed for joint marital property transferred without the husband's consent; second, what are the legal consequences of selling joint property without the consent of both parties through the Camat acting as PPATS; and third, what legal protection is available for the buyer in a land sale conducted without spousal consent before the Camat as PPATS, based on Supreme Court Decision No. 3325 K/Pdt/2020. This research employs a normative juridical method with a descriptive- analytical approach. The approaches used include conceptual, statutory, and case approaches, with Decision No. 3325 K/Pdt/2020 serving as the primary reference. Data were collected through interviews and supported by library research, analyzed qualitatively in a descriptive manner. The findings show that the responsibility of the PPATS in issuing a land sale deed of joint property without the husband's consent may be questioned administratively and may result in disciplinary sanctions. The legal consequences include the annulment of the sale and purchase agreement under Article 1365 of the Indonesian Civil Code (KUHPerdata), material and immaterial losses suffered by bona fide purchasers, and the obligation of the PPATS to provide compensation. Legal protection for the buyer can be sought through civil litigation to recover damages. Such legal remedies must be properly addressed by the court to ensure the protection of the buyer's legal rights. The parties (seller and buyer) are protected through mediation or by filing a lawsuit for deed annulment to ensure legal certainty and protection.