Pembaharuan Hukum
Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum

Legal Position of Underhand Agreements in Land Investment with Buyback Schemes in Indonesia

Sulistyanto, Bagus (Unknown)



Article Info

Publish Date
30 Oct 2025

Abstract

This study examines the legal position of underhand agreements in land investment in Indonesia, particularly within buyback schemes that are increasingly used in practice. Although not executed before a notary, such agreements remain valid if they fulfill the essential elements of a contract under the Indonesian Civil Code. Using a normative legal approach supported by case studies, this research analyzes the validity, legal risks, and investor protection issues surrounding these informal transactions. The findings indicate that underhand agreements, while offering flexibility and lower costs, create vulnerabilities due to weak evidentiary value in disputes. Ambiguous buyback clauses and the absence of authentic documentation often hinder investors from reclaiming funds, generating legal uncertainty and escalating civil conflicts. Opportunistic behavior by landowners further exacerbates the imbalance of bargaining power. The legal urgency addressed in this study lies in the need for regulatory reform to strengthen legal certainty and investor protection in land investment. Recommendations include mandatory registration of buyback agreements, involvement of notarial services, and improved legal literacy for stakeholders. This study contributes to ongoing discussions on legal reform by emphasizing the balance between contractual freedom and equitable protection in Indonesia’s land investment sector.

Copyrights © 2025






Journal Info

Abbrev

PH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Pembaharuan Hukum is a scientific publication containing research article, case report and review article in Law area. This journal is published by the Faculty of Law Universitas Islam Sultan Agung three time a year. This journal gives a good opportunities for law researchers, lecturers, ...