Ni Made Trisna Dewi
Universitas Dwijendra, Denpasar, Bali, Indonesia

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Normative Ambiguity of Article 37 Paragraph (2) of Government Regulation Number 24 of 1997 on Land Registration: Registration of Land Transfers Based on Non-PPAT Deeds Ni Made Trisna Dewi; Ida Ayu Ratna Kumala
Sociological Jurisprudence Journal Vol. 9 No. 1 (2026)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.9.1.2026.97-105

Abstract

Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration requires that the transfer of land rights through sale and purchase be evidenced by a Deed of Sale and Purchase executed before a Land Deed Official (PPAT). However, Article 37 paragraph (2) provides an exception by allowing the Head of the Land Office to register the transfer of rights under certain circumstances based on a level of truth deemed sufficient. The absence of normative parameters for the phrases "certain circumstances" and "a level of truth deemed sufficient" creates legal ambiguity and may undermine legal certainty in the registration of private land sale transactions. This study aims to examine the ambiguity of Article 37 paragraph (2) and its legal implications for legal certainty and legal protection. This research employs normative legal research using statutory, conceptual, and case approaches. Legal materials are analyzed prescriptively through legal interpretation of legislation, legal doctrines, court decisions, and relevant literature. The findings reveal that the ambiguous provision has resulted in inconsistent interpretation and implementation, increasing the potential for land disputes and weakening legal certainty in land administration. The novelty of this study lies in formulating normative parameters for the phrases "certain circumstances" and "a level of truth deemed sufficient" as the basis for reconstructing Article 37 paragraph (2) to strengthen legal certainty, justice, and legal utility in the Indonesian land registration system.