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All Journal Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam
Tjempaka Tjempaka
Universitas Tarumanagara, Jakarta, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice

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The Strength of Land Purchase Receipt Evidence: Analysis of Decision Number 334/Pdt.G/2025/PN Pbr Fransiska Litania Ea Tawa Ajo; Tjempaka Tjempaka
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol. 18 No. 2 (2026): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : Fakultas Syariah IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v8i2.14539

Abstract

Ideally, in Indonesia’s land law system, every transfer of land rights must be proven by an authentic deed made by a Land Deed Official (Pejabat Pembuat Akta Tanah/PPAT) as a requirement for legal certainty and land rights registration. However, in reality, in judicial practice, land sale and purchase transactions are still often proven merely by simple receipts that do not meet the requirements of an authentic deed as regulated under land law. This study finds that in juridical reality, receipts for land sale and purchase are positioned by judges as private deeds with imperfect evidentiary strength. In accordance with Article 1878 of the Indonesian Civil Code in conjunction with Article 291 of the RBg, such receipts are only binding upon the parties who make them and are not binding on third parties. Nevertheless, judges still accept receipts as valid written evidence; however, receipts cannot stand alone as primary evidence without being supported by other evidence such as witness testimony. Judges determine that land sale and purchase is materially valid if it fulfills Article 1320 of the Civil Code as well as the principles of publicity (open), cash (immediate payment), and real transfer. This decision is conditionally progressive because, although it protects good faith buyers in the contractual aspect, receipts cannot replace the function of PPAT deeds as an absolute requirement for land registration. After the decision, PPATs are required to apply the principle of prudence.
Legal Strength of Cultivation Rights Certificates Against Community Claims of Physical Land Possession Julianti Putri Wajim; Tjempaka Tjempaka
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol. 18 No. 1 (2026): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : Fakultas Syariah IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v18i1.14520

Abstract

The land registration system in Indonesia should be able to create legal certainty and protection for every registered land right, including the Right to Cultivate (HGU). The HGU certificate should be a valid and binding proof of rights so that it is not easily disturbed by claims from other parties. However, in reality, disputes still often occur between HGU certificate holders and the community who base claims on physical control of the land or the Statement of Physical Control (SPPF). This condition creates legal uncertainty regarding the evidentiary power of the certificate and the legal status of physical control in the Indonesian land system. This study aims to analyze the legal certainty of HGU certificates against claims of physical control of land and legal protection for HGU holders under Indonesian land law. This study is a library research with a qualitative approach using normative legal research methods through statutory, conceptual, and case approaches. The results of the study indicate that HGU certificates have strong evidentiary power and obtain legal protection as long as they are issued according to procedures, while physical control of the land only stands as factual evidence without providing complete rights until officially registered.
Analysis of Unlawful Acts in Repeated Land Sales: Collaboration of Hamlet Head and Notary Negligence Mahardika Dirgantara; Tjempaka Tjempaka
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol. 18 No. 1 (2026): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : Fakultas Syariah IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v18i1.14537

Abstract

Ideally, the transfer of land rights must be conducted before a Notary based on accurate data, with the Village Head providing factual information on land status. Their collaboration should ideally strengthen legal certainty. However, in reality, the practice of double sale of land (dubbel verkoop) remains prevalent due to collaboration between Village Heads who provide false statements and Notaries who neglect their verification duties. This study aims to analyze the construction of tort liability under Article 1365 of the Indonesian Civil Code. The research employs a normative legal method with a case study approach. The findings reveal that the collaboration between Village Heads and Notaries fulfills all elements of unlawful acts. Victims are entitled to legal certainty through the annulment of defective deeds as well as compensation for material and immaterial losses. Village Heads may be subject to Article 263 of the Criminal Code and Notaries to Article 264 of the Criminal Code.
Co-Authors Fransiska Litania Ea Tawa Ajo Julianti Putri Wajim Mahardika Dirgantara