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All Journal UG Journal Jurnal Online Mahasiswa (JOM) Bidang Ilmu Sosial dan Ilmu Politik Proceeding SENDI_U Syntax Literate: Jurnal Ilmiah Indonesia Kosmik Hukum JUNCTO: Jurnal Ilmiah Hukum JIHAD : Jurnal Ilmu Hukum dan Administrasi Jurnal Idea Hukum SUPREMASI Jurnal Hukum Jurnal Risalah Kenotariatan Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP)
Sri Wahyu Handayani, Sri Wahyu
Unknown Affiliation
Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Transfer of Ownership Rights to Land as the Object of Sale and Purchase Under Hand (Receipt) (Study of Land Dispute Decision Number 49/Pdt.G/2025 at the Bitung District Court) Rosyidah, Masfufah; Handayani, Sri Wahyu
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 4 (2025): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i4.9852

Abstract

Land-related disputes in Indonesia frequently arise from specific parcels that become the source of conflicts concerning ownership rights and their utilization. This study aims to provide an in-depth analysis of the legal mechanisms governing the transfer of land ownership and the validity of land sale and purchase transactions conducted solely through receipts or private agreements. The research adopts a normative juridical method with a qualitative approach, combining the analysis of statutory regulations, a review of Bitung District Court Decision Number 49/Pdt.G/2025, and an extensive literature study. Data were obtained from primary, secondary, and tertiary legal sources, including statutes, case law, books, and scholarly journals. The findings reveal that the transfer of land ownership is closely linked to the validity of sale and purchase transactions conducted under private agreements. Although such transactions remain legally binding as civil agreements, they are administratively incomplete, thereby preventing the issuance of ownership certificates without additional procedures. These results underscore the necessity for diligence among parties involved and the critical role of Land Deed Officials (PPAT) in drafting authentic deeds. Ensuring compliance with these legal requirements enhances legal certainty, facilitates land registration, and helps prevent recurring land disputes.
Waiver of Rights for Parties Objecting to Compensation in Land Acquisition for Public Interest Gandhi, Afnan Karenina; Handayani, Sri Wahyu
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 4 (2025): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i4.9853

Abstract

The transfer of land rights held by individuals to the state as the result of land acquisition for development in the public interest often gives problems in its implementation. One of those is the issue of the amount and form of compensation for the entitled parties. Specifically, this study discusses the procedure for submitting objections by the people communities and affected agencies as parties entitled to receive compensation due to land acquisition and questions the guarantee of justice and the realization of legal certainty in land acquisition’s implementation. This study uses a normative juridical method. Based on the research, it can be concluded that in the event of an objection regarding the amount and form of compensation, the entitled party can file an objection lawsuit with the district court and file a cassation appeal to the Supreme Court against the district court’s decision. Then, if the entitled party rejects the compensation after a cash payment offer has been made, the agency requiring the land can deposit the compensation money with the district court as consignment
The Role of Land Deed Officials (PPAT) In Ensuring Legal Certainty of Land Rights Transfer. Normative Analysis of Supreme Court Decision Number 596 PK/PDT/2020 Travelina, Khalilla Nada; Handayani, Sri Wahyu
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 4 (2025): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i4.9854

Abstract

The Land Deed Official (Pejabat Pembuat Akta Tanah/PPAT) is a public official authorized to issue authentic deeds concerning specific legal actions, such as buying and selling and granting, which are crucial in guaranteeing legal certainty of land rights transfer in Indonesia. This research aims to analyze and evaluate the role of the PPAT in achieving legal certainty through a case study of the Supreme Court's Judicial Review (Peninjauan Kembali/PK) Decision No. 596 PK/Pdt/2020, which addresses a dual ownership dispute over land in West Jakarta. The research method used is normative juridical, involving the study of laws and regulations related to the PPAT and legal certainty, as well as an analysis of the judges' legal considerations in the decision. The results of the analysis indicate that this decision affirms the failure of the PPAT's role in performing its due diligence function. The Deed of Engagement to Sell and Buy (APJB) and the Deed of Sale and Purchase (AJB) created by the PPAT were declared invalid and without binding legal force, as they were based on a flawed process and involved a buyer who was deemed not a party acting in good faith. Consequently, the Right to Build (HGB) Certificate issued based on the deed was also revoked, and the rights of the legitimate owner were restored. The conclusion of this study is that the authentic deed created by the PPAT does not provide an absolute guarantee of legal certainty if the deed creation process violates legal provisions or disregards the principle of prudence. The PPAT bears legal and administrative responsibility for losses incurred due to their negligence, thus necessitating a tightening of standard procedures to ensure valid rights for the realization of legal certainty and protection for the public.
Co-Authors Akbar, Mohammad Irham Artamira, Nabela Maulinda Bahar Elfudllatsani Bildia, Zahra Fadillah, Putri Farahiani, Sita Firmansyah, Melania Indiana Putri Gandhi, Afnan Karenina Indriawan, Denny Karita, Denta Chanda Lailatussyafa’ah, Elia Malicha, Diena Marwa Rahmawati, Amelia Rosyidah, Masfufah Salsabil, Hilda Halnum Saputri, Widya Anugrah Setya Wahyudi Travelina, Khalilla Nada Utami, Wiji Nurfi Wibawa, Firmansyah Wisnu Murti Yoserizal "