Jeremia Manalu
University of HKBP Nommensen

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Judicial Validation of a Private Land Sale and Purchase Agreement as a Basis for Registration of Transfer of Title: A Study of Medan District Court Decision No. 995/Pdt.G/2024/PN Mdn Jeremia Manalu; Janpatar Simamora; Ria Juliana Siregar
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/wwmhf722

Abstract

Land is a crucial natural resource for human life from economic, social, and legal perspectives. Legal certainty in the transfer of land ownership rights requires an understanding of the distinction between the validity of sale and purchase agreements under civil law and the administrative requirements for land registration. In practice, many land transactions are conducted informally without involving a Land Deed Official (PPAT), thereby raising questions about their legal force. This research examines the validity of informal land sale and purchase agreements based on the Decision of the Medan District Court Number 995/Pdt.G/2024/PN.Mdn using normative juridical methods and a statutory approach. The analysis demonstrates that a sale and purchase transaction, according to Articles 1457-1458 of the Indonesian Civil Code, arises from the agreement of the parties, while the validity of the agreement must satisfy Article 1320 of the Civil Code- namely, agreement, capacity, definite object, and lawful cause. However, civil validity does not automatically result in the transfer and registration of ownership rights, as a PPAT deed is required in accordance with Government Regulation Number 24 of 1997. In the aforementioned decision, the judge considered the settlement of Rp95,000,000, delivery of the original certificate, physical possession for 11 years, and the consistency of witness testimony before ordering the registration of the right transfer. In conclusion, informal agreements can be legally binding under civil law, whereas PPAT deeds retain their preventive and administrative functions. The decision reflects justice, legal certainty, and administrative order, while providing judicial remedy for good-faith buyers.