Analisis Yuridis Perbuatan Wanprestasi Atas Sengketa Pendaftaran Peralihan Hak Atas Tanah Dalam Jual Beli Tanah (Studi Putusan Nomor 27/Pdt.G/2023/PN Bjb)

Abstract

The sale and purchase of land that has not been followed by the transfer of land ownership certificates creates legal risks such as weak ownership, the loss of the buyer's rights over the land, and the absence of guaranteed legal certainty and protection. This study aims to examine and analyze the land sale and purchase agreement based on Indonesian legal provisions, the process of transferring rights when one of the parties commits a breach of contract in the transfer of land ownership, and the juridical analysis of the judge's considerations regarding the breach of contract in the transfer of land ownership based on Decision No. 27/Pdt.G/2023/PN Bjb. This research employs a normative juridical method with a descriptive-analytical approach. The data used consists of secondary data obtained through literature study (library research). The results of the study indicate that land sale and purchase agreements in Indonesia represent an agreement between the seller and the buyer that gives rise to rights and obligations to transfer ownership rights, as regulated in the Civil Code (KUHPerdata), the Basic Agrarian Law (UUPA), and Government Regulation No. 24 of 1997, with the requirement of an authentic deed issued by the Land Deed Official (PPAT) as formal evidence and the basis for registration to ensure legal certainty. The process of transferring rights in cases where either party commits a breach of contract in disputes over the registration of land rights transfer demonstrates the importance of legal certainty in every stage of the land sale and purchase transaction, including the making of an authentic deed by PPAT and registration at the land office. Breach of contract by either the seller or the buyer may cause losses, delay the registration process of land rights transfer, and lead to disputes. Settlement through court decisions serves to determine the validity of land rights, provide protection for good faith parties, and ensure justice, certainty, and legal benefit. The juridical analysis of the judge's considerations in Decision No. 27/Pdt.G/2023/PN Bjb shows that the sale and purchase of land is considered valid as a civil agreement because the legal requirements of a contract under Article 1320 and Articles 1457-1458 of the Civil Code have been fulfilled, namely mutual consent, legal capacity of the parties, a specific object, and payment of the agreed price.