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All Journal Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Adam Praba Mahiza
Universitas Slamet Riyadi
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Kajian Pengalihan Hak Atas Tanah Tanpa Kehadiran Penjual Adam Praba Mahiza; Triwanto Triwanto; FX Hastowo Broto Laksito
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 3 No. 3 (2026): September: Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v3i3.3467

Abstract

The transfer of land rights through a sale and purchase transaction may give rise to legal problems when the seller fails to fulfill the obligation to complete the certificate transfer process. This situation occurred in Surakarta District Court Decision Number 282/PDT.G/2023/PN.Skt, where the Plaintiff had fully paid the purchase price and received the land certificate, but the transfer of rights could not be completed due to the Defendant’s absence. This research aims to examine the judge’s legal considerations in determining the form of legal violation and to analyze the legal consequences arising from the resolution of the case. This research employs normative legal research using a statutory approach and a case approach. Legal materials were obtained through library research and analyzed qualitatively. The results indicate that the Panel of Judges considered the legal relationship between the parties to arise from a land sale and purchase agreement. Therefore, the Defendant’s failure to complete the certificate transfer process was classified as a breach of contract (wanprestasi) rather than an unlawful act. The legal consequences of the decision include granting the Plaintiff authority to transfer the name of Certificate of Ownership Number 02399 through the Surakarta City Land Office without the Defendant’s presence, while the claim for compensation was rejected because material losses were not proven. The decision provides legal protection for the good-faith buyer and strengthens legal certainty in land administration.
Co-Authors FX Hastowo Broto Laksito Triwanto Triwanto