Tinjauan Yuridis Terhadap Perbuatan Melawan Hukum Tentang Jual Beli Tanah Belum Bersertifikat (Studi Putusan No. 670/Pdt.G/2023/PN Mdn jo. Putusan No. 335/Pdt/2024/PT Mdn)

Abstract

Sale and purchase is a common transaction conducted by the public, typically formilized through a sale and purchase agreement. In Indonesia, the practice of transacting uncertified land is still widespread, often based on the principle of trust between the seller and the buyer This practice has the potential to cause future land disputes due to the lack of sufficient proof of land ownership The primary focus of this research is to examine the regulation of good faith in the sale and purchase of uncertified land and to identify the legal standing of a deed of release of rights concerning such land transactions in relation to unlawful acts committed by a third party. Furthermore, this research analyzes the judicial considerations in Decision Number 670/PDT.G/2023/PN Mdn in conjunction with Decision Number 335/PDT/2024/PT Mdn. The research method applied is the normative juridical method, wherein law is conceptualized as what is written in statutory regulations or as rules and norms that serve as guidelines for human conduct. The research findings indicate that the good faith of parties involved in a land sale and purchase must consider both subjective and objective dimensions, adhering to procedures and utilizing valid documents as required by law, and exercising due diligence in examining matters related to the object of the sale. This study shows that although a deed of release of rights is prepared by a notary and constitutes an authentic deed proving the relinquishment of rights, it does not provide the same level of legal certainty as a land title certificate Moreover, the research reveals that the judicial considerations of the Panel of Judges in resolving disputes concerning unlawful acts at the first instance and appellate levels differ in their application of the principle of legal certainty and the principle of a simple, speedy, and low-cost trial.