Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Vol. 5 No. 3 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

PRIVATE SALES DEEDS IN LAND DISPUTES: WEAKNESSES IN EVIDENCE AND REGISTRATION OBSTACLES

Sulani, Sulani (Unknown)
Darmawan, Didit (Unknown)
Suwito, Suwito (Unknown)
Mardikaningsih, Rahayu (Unknown)
Gautama, Elly Christanty (Unknown)



Article Info

Publish Date
30 Dec 2025

Abstract

This normative legal study examines the validity of private deeds of sale and purchase (AJB) and their standing as evidence in land ownership disputes in Indonesia. Utilizing a qualitative literature review, the research analyzes primary regulations including the Civil Code, the Agrarian Law, and the Land Registration Government Regulation. The findings reveal a fundamental legal hierarchy between notarial/PPAT deeds and private deeds. Notarial deeds possess perfect evidentiary strength, executive force, and are the sole legal basis for registering land rights transfer at the Land Office. Conversely, private deeds have only relative evidentiary value, contingent upon signature authentication and corroborating evidence. The legal consequence is severe: transactions based on private deeds cannot be registered, preventing the legal transfer of ownership and leaving the buyer without formal state protection. In court disputes, private deeds are treated as preliminary evidence but are insufficient to establish ownership; judges typically order the creation of a notarial deed or award compensation rather than directly granting property rights. The study concludes that while private deeds may prove the existence of a contractual agreement, they fail to produce the definitive legal effects of notarial deeds, especially concerning land registration and conclusive proof of title. This legal uncertainty underscores the critical importance of formalizing land transactions through authorized officials to ensure security of tenure and prevent protracted disputes.

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Journal Info

Abbrev

home

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. ...