ANALISIS YURIDIS PENGESAHAN JUAL BELI TANAH BERSERTIFIKAT HAK MILIK MELALUI PUTUSAN PENGADILAN

Abstract

Based on Article 55 of Government Regulation Number 24 of 1997 concerning Land Registration, as further regulated in Article 54 and Article 55, Regulation of the Head of the National Land Agency Number 3 of 2011 concerning Management of Assessment and Handling of Land Cases is used as the legal basis. Based on this background, this paper raises the problem formulation, namely: How is the juridical analysis of the legalization of the sale and purchase of land with certificate of title through a court decision and what are the legal consequences of a court decision validating the sale and purchase of certified land right of ownership.

Buying and selling land with title certificate as long as it meets the provisions of Article 1320 of the Civil Code will only give rise to a sale and purchase agreement which is valid as law but does not result in the transfer of land rights to the buyer. To ratify the land sale and purchase agreement, a civil suit is filed by the buyer as Plaintiff or his heir against the seller as Defendant through the District Court in order to obtain a court decision that has legal consequences. According to its nature, the District Court Decision in this case example is the Tenggarong District Court Decision Number 104/Pdt.G/2022/PN.Trg dated 12 January 2023, connected with the provisions of Article 37 of Government Regulation Number 24 of 1997 concerning Land Registration which is the Condemnatoir Decision which is a decision that can be implemented, namely a decision that contains punishment, where the losing party is punished to do something. The court's decision regarding the legalization of the sale and purchase of land with certificate of ownership carried out in the case of a dispute that occurs has permanent legal force, namely the decision that is accepted by both parties to the case and has been implemented by the parties to the case.

Keywords: Buying and selling land, certified