Batulis Civil Law Review
Vol. 7 No. 2 (2026): VOLUME 7 ISSUE 2, JULY 2026

The Role of the Court in Providing Legal Certainty for the Return of the Name of the Land Certificate When the Seller Is Unknown

Zaini, Zulfi Diane (Unknown)
Harliansyah, Ari (Unknown)



Article Info

Publish Date
31 Jul 2026

Abstract

Introduction: This study analyzes the juridical aspects of the renaming of land title certificates when the seller's whereabouts are unknown, referring to Decision Number 8/Pdt.G/2024/PN.Gdt. The practice of buying and selling land that is not immediately registered causes a mismatch between physical control and juridical data, hampering the process of changing the name. Purposes of the Research: This research aims to identify the factors that cause these obstacles as well as the basis for the judge's consideration in validating the land sale and purchase certificate. Methods of the Research: Using normative and empirical juridical methods with qualitatively analyzed secondary data and interviews. Results Main Findings of the Research: It was found that the main causes included delays in the registration of transfer of rights, long physical possession of land, the absence of sellers, and limited administrative authority of the National Land Agency. The judge certified the sale and purchase certificate based on the fulfillment of the legal conditions of the agreement, strong evidence, the good faith of the plaintiff, and for the sake of legal certainty and order of land administration.

Copyrights © 2026






Journal Info

Abbrev

ballrev

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Batulis Civil Law Review (Batulis Civ. Law Rev. -BALLREV) is a peer-reviewed journal published by the Faculty of Law at Pattimura University twice a year in May, and November. The purpose of this journal is to provide a place for academics, researchers and practitioners to publish original research ...