wwwww e-ISSN: 2550-0813 | p-ISSN: 2541-657X | Vol 10 No 4 Tahun 2023 Hal.

: 1773-1793
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NUSANTARA: Jurnal Ilmu Pengetahuan Sosial

available online http://jurnal.um-tapsel.ac.id/index.php/nusantara/index

VERSTEK DECISION POWER ON UNDER-HANDS

SELLING WHICH THE SELLER DOESN'T EXIST1

Ratna Khairani, Rahmida Erliyani, Anang Shophan Tornado

Fakultas Hukum, Universitas Lambung Mangkurat

Abstrak

The transfer of land rights is the transfer of land rights from the old right holder to the new right
holder according to the provisions of the applicable laws and regulations. Land law in Indonesia
requires the transfer of land rights to be carried out before the Land Deed Official (PPAT), because
basically buying and selling land must meet clear and cash requirements. Government Regulation
Number 24 of 1997 Concerning Land Registration in Article 37 paragraph (1) states that
"Transfers of land rights and ownership rights to apartment units through buying and selling,
exchange, grants, entry into the company and other legal actions for transferring rights, except for
transfers of rights through auctions, can only be registered if proven by a deed drawn up by the
PPAT who is authorized according to the provisions of the applicable laws and regulations." This
is what happened in the decision of the Batulicin District CourtNumber: 68/Pdt.G/2021/PN Btn,
where the sale and purchase is carried out underhanded and when registration is desired, the
whereabouts of the seller cannot be identified, so the sale and purchase cannot be transferred and
registered, because one of the requirements for land registration is there is a deedauthentic which
proves that it is true that a legal act of sale and purchase has taken place, so that the making of the
sale and purchase deed is hampered. The problem that the author raises in this study is how is the
verstek decision that has been inkracht regarding the Registration of Transfer of Land Rights and
what is the validity of the making of the Deed of Sale and Purchase (AJB) by PPAT based on the
verstek decision? The results in this study are that decisions that have permanent legal force can
be enforced, where decisions have binding legal force (binding force), strength of proof (Proving
Power) and powerExecutorial (Executorial Force). So the deed can be said to be valid because
until now, no party feels that they have been harmed, or that there has been a lawsuit filed against
the PPAT concerned regarding the confusion over the existence of the deed.

Kata Kunci: transfer of rights, verstek decision, validity of sale and purchase deed.

*Correspondence Address : [email protected]

DOI : 10.31604/jips.v10i4.2023.1773-1793
© 2023UM-Tapsel Press
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 NUSANTARA : Jurnal Ilmu Pengetahuan Sosial, 10 (4) (2023): 1773-1793

INTRODUCTION the PPAT but which according to the

Basically, humans often interact Head of the Land Office is deemed
with each other to fulfill their needs by sufficient to register the transfer of rights
carrying out relationships between in question.
people, whether they are included in Land sale and purchase
legal actions or not legal actions. Buying agreements with the community also still
and selling is one of the transactions in exist with private land sale and purchase
legal traffic, where all legal actions are agreements where the private deed is an
based on an applicable statutory agreement made by the parties without
regulation, namely the basic agrarian law the intervention of public officials based
and its implementing regulations which on Article 37 paragraph (1) of
are attributes for the implementation of Government Regulation Number 24 of
this law. 1997 it is stated thatthe transfer of land
The transfer of land rights can be rights and ownership rights to flats
said to be a legal act carried out through buying and selling is evidenced by
intentionally by transferring land a deed drawn up by the land deed official
ownership rights to a new owner, such as (PPAT)2. Based on Article 164 HIR, civil
buying and selling, grants and others., procedural law in Indonesia recognizes
and accidental transfer due to legal the existence of a letter as a valid means
events such as transfer of inheritance of proof according to law, where private
rights. deeds are still considered as evidence
Transfer of land ownership in that can be used in court at the time of a
Indonesia is regulated by several laws dispute. However, the strength of the
and regulations, one of which is Article proof is not as perfect as an authentic
37 Paragraph (1) and (2) of Government deed, because a private deed is free
Regulation Number 24 of 1997 evidence so the judge is free to determine
concerning Land Registration which whether the evidence is acceptable or
reads: not, but the power of proof is still there
(1) Transfer of land rights and as long as the deed is not denied by the
ownership rights to apartment units parties who made it.
through buying and selling, swaps, By not making a deedauthentic
grants, entry into the company and other before the PPAT or made privately, then
legal actions for the transfer of rights, normativelycertificate which already
except for the transfer of rights through belongs to the buyer does not contain
auctions, can only be registered, if evidence of transfer of land rights
proven by a deed made by the authorized because the Land Office will refuse
PPAT according to the provisions of the because it does not meet the
applicable laws and regulations. requirementsauthenticity where there is
(2) In certain circumstances no deed of sale and purchase (AJB) made
as determined by the Minister, The Head before the PPAT.
of the Land Office can register the As was the case in lawsuit
transfer of rights over a parcel of land number 68/Pdt.G/2021/PN Bln, the
with ownership rights, conducted Unlawful Act case in the Sinar Bulan
between individual Indonesian citizens Village area, Satui District, Tanah Bumbu
as evidenced by a deed not drawn up by Regency, where the Plaintiff (Buyer) felt

2
Government Regulation of the Republic of
Indonesia Number 24 of 1997 concerningLand
Registry.

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Ratna Khairani, Rahmida Erliyani, Anang Shophan Tornado
Verstek Decision Power On Under-Hands Selling Which The Seller Doesn't Exist ……………….….(Hal 1773-1793)

disadvantaged because he could not five square meters) which

transfer the name whichcertificate the was formerly located in
right of ownership is still in the name of Sungai Danau Village, now
Defendant II, because Defendant II is the Sinar Bulan Village, Satui
original owner of the inner District, Tanah Bumbu
landcertificate and has sold the land to Regency, as stated
Defendant I (Seller), but the name inCertificate Property Right
transfer process has not been carried out, Number 1758 in the name of
then Defendant I (Seller) resold the land Arifin Bin Mahlan belongs to
to the Plaintiff (Buyer). The whereabouts the Plaintiff;
of the Defendants as sellers of the land 6. Declare that this decision can
are no longer known, while the sale and be used for the process of
purchase of land between the Plaintiff transferring namesCertificate
(Buyer) and Defendant I (Seller) has not Property Right Number 1758
been included in a Sale and Purchase which is still written in the
Deed, then the Plaintiff (Buyer) requests name of Arifin Bin Mahlan
the Panel of Judges to legitimize the sale becomes in the name of the
and purchase. Plaintiff at the Land Agency
Based on the argument that the Office of Tanah Bumbu
lawsuit filed by the Plaintiff was Regency;
corroborated by documentary evidence, 7. Punish Defendant I and
statements from witnesses and local Defendant II jointly and
examinations, as well as facts during the severally to pay all costs
trial, the Panel of Judges decided that the incurred in this case in the
contents of the verdict were as follows: amount of Rp. 6,020,000.00
1. Declare that Defendant I and (six million twenty thousand
Defendant II have been legally rupiah).
summoned and should
remain absent; Hence the verdictdefault which
2. Granted the Plaintiff's claim has been decided by a judge and has
in its entirety withdefault; permanent legal force can be used as a
3. Declare that the actions of basis for filing a process of transferring
Defendant I and Defendant II names. Where the judge's decision in his
who did not complete the decision stated that the plaintiff's
process of returning the name (buyer) claim was granted in its entirety
of the certificate to the land withdefault in which Defendant I and
object of the dispute, Defendant II (Seller) had been legally and
constituted a legal act which properly summoned but were not
brought losses to the Plaintiff; present, stated that the sale and purchase
4. Declare the sale and purchase between the Plaintiff (Buyer) and
of the disputed object land as Defendant I (Seller) was legal according
contained inCertificate to law, stated legally the Certificate of
Property Right Number 1758 Property Rights on behalf of Defendant II
in the name of Arifin Bin belongs to the plaintiff (buyer) and states
Mahlan which the Plaintiff did that the decision can be used for the
with Defendant I is valid transfer of namesCertificate The right of
according to law; ownership from on behalf of Defendant II
5. Declare legally valid a plot of becomes on behalf of the Plaintiff
land covering an area of 225 (Buyer) at the Land Agency Office of
M² (two hundred and twenty Tanah Bumbu Regency. After the

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issuance of the decision from the court registration problemstransition land

and declaredin force, then the Plaintiff rights based on sale and purchase,
carried out the process of registering the whereby the decisiondefault which has
transfer of land rights to the Tanah permanent legal force by the Batulicin
Bumbu Regency Land Agency Office, but District Court can be used to transfer
in reality to register the transfer of land land rights to the local Land Agency, but
rights based on the sale and purchase, it the local Land Agency is still being asked
must still be stated in the Deed of Sale for a Sale and Purchase Deed made by
and Purchase from the PPAT as the basis PPAT, which is made based on a
for the sale and purchase, in addition to decisiondefault to be registered with the
the decision court that has permanent Agencyland local.
legal force, as a condition for registering
the right to the land. Even though the RESEARCH OF METHODS
court decision clearly states that it can be The research method used is
used for the process of transferring normative research. Where is the
names as a basis for registering the procedure in legal research to find the
transfer of land rights to the local Land truth based on the scientific logic of
Agency Office, so that from this case it is positive law through literature
interesting to analyze whether this court studies(bibliography study) and Analysis
decision has no legal force so that a Deed of related decisions3. The use of this
of Sale and Purchase is made by the PPAT research method is useful for answering
. the problems in this research as well as
Based on the description of the studying and testing the judges'
case, the authors are interested in considerations in the District Court
conducting further studies of the Decision Number: 68/Pdt.G/2021/PN
problem, so the authors raise the issue, Bln against the Laws and Regulations.
where is the existence of a The research approach used is
decisiondefault as the basis for the case approach(Case Approach),
registration of the transfer of rights is statutory approach(Statute Approach)
regulated in Article 37 of Government and Conceptual approach(Conceptual
Regulation Number 24 of 1997 Approach), research that places more
concerning Land Registration in emphasis on the use of secondary data or
paragraph 2 which reads: "The Head of in the form of written legal norms. The
the Land Office can register the transfer author's research data sources use
of rights over a parcel of land with secondary data consisting of:4
ownership rights, which is carried out a. The Primary Legal Materials
between individual Indonesian citizens of this research consist of
as evidenced by a deed not made by the Legislation, Official Records,
PPAT but which according to the Head of Treatise on Making
the Land Office is deemed sufficient to Legislation and Judge's
register the transfer of the rights in Decisions. In this primary
question. legal material used, the Civil
So that there is a problem of Code (Civil Code),
obscurity of legal norms that is Government Regulation
interesting for the writer to analyze. The Number 24 of 1997
author tries to raise the issue of Concerning Land

3 4
DaughterListen Hermawan, Mohamad Fajri Ibid, matter. 416.
Mekka Putra,On. Cit, p. 417.

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Ratna Khairani, Rahmida Erliyani, Anang Shophan Tornado
Verstek Decision Power On Under-Hands Selling Which The Seller Doesn't Exist ……………….….(Hal 1773-1793)

Registration, HIR(Revised RESULTS AND DISCUSSION

native regulations), RBG (Law Position Case
Regulations for the Outer That Mr. AA as the Plaintiff
Regions), Law Number 5 of cannot do the transfer of the name
1960 concerning Basic certificate property right number 1758
Agrarian Regulations, Law in the name of Arifin Bin Mahlan, because
Number 48 of 2009 Mr. AR as Defendant II is the original
concerning Judicial Powers, owner of the land in the certificate has
Supreme Court Circular sold the land to Mr. MA as Defendant I but
Letter (SEMA) Number 7 of the name transfer process has not yet
2001 concerning Local been carried out, then Mr. MA resold the
Examinations, Supreme Court land to Mr. A A. The whereabouts of the
Regulation (PERMA) No. 1 of Defendants as sellers of the land are no
2016 concerning Mediation longer known, while the sale and
Procedures in Courts, purchase of land between Mr. AA and Mr.
Supreme Court Circular MA has not been stated in a Sale and
Number 4 of 2016, and Purchase Deed, then Mr. AA requested
Decision Number: that the Panel of Judges state the actions
68/Pdt.G/2021/PN Btn. of Mr. MA and Mr. AR who did not
b. Secondary legal materials complete the process of returning the
legal materials which provide name of the certificate to the land object
an explanation of primary in dispute was an unlawful act which
legal materials in the form of brought losses to Mr. AA and declared the
legal science books, legal sale and purchase of the land object of
journals, legal reports, and the case which Mr. AA do with Mr.
print or electronic media as Supreme Court is legal according to the
well as other literature that is law so that the judge's decision can be
relevant to the formulation of used as a basis for submitting the process
the problem to be examined of transferring names.
in research. In this case, the sale and
purchase between the Plaintiff and the
Analysis of data on legal writing Defendant only fulfilled the terms of sale
uses a qualitative study approach. The and purchase as stipulated in Article
author in writing this law uses data 1457 of the Civil Code.5. This can be
analysis methods in the form of juridical proven from the sale and purchase that
analysis, namely a form of analysis of was carried out on June 4 2018 which
various aspects and reveals the negative was agreed at a price of Rp.
and positive sides of a legal product 450,000,000,- (four hundred and fifty
through a focus on the use of secondary million rupiah) was not made before the
data, namely from primary legal authorized official, even though it has
materials, secondary legal materials, and become a characteristic of Indonesian
tertiary legal materials. Conclusions are land law that buying and selling of land
drawn deductively, that is, starting from must be done in a clear and cash manner.
a general proposition whose existence is Whereas the sale and purchase
known and ending with a more specific between the Plaintiff and the Defendant
conclusion. only fulfilled the cash requirement,
where on June 4 2018, the Plaintiff made

5
Code of Civil law, On. Cit, matter. 363.

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a full payment to the Defendant in the Number 68/Pdt.G/2021/Pn Bln is to

amount of Rp. 450,000,000.- (four consider that the sale and purchase
hundred and fifty million rupiah), between Mr. AA and Mr. MA has
asreceipt payment as proof of sale and complied with the provisions of Article
purchase paid by the Plaintiff to the 1458 of the Civil Code, where the act of
Defendant, the cash requirement has buying and selling between Mr. AA and
been fulfilled in carrying out the sale and Mr. MA is legal according to law.
purchase transaction of the land. And at Considering that buying and selling is a
the same time, based on the agreement, form of agreement as stipulated in Article
the Defendant submitted documents on 1313 of the Civil Code. In this sale and
the land which was the object of sale and purchase, the parties bind themselves as
purchase, namely the Certificate of seller and buyer where each party has
OwnershipNumber : 1758 in the name of obligations, namely the buyer is obliged
Arifin bin Mahlan, which is a legal sale to pay while the seller is obliged to
and purchase, so that the land and deliver the goods as referred to in Article
building are directly under the control of 1457 of the Civil Code. Considering that
the Plaintiff. the conditions for the validity of the
In the case of the position above, agreement as stipulated in Article 1320
it is necessary to have a judge's paragraph 1 of the Civil Code where the
consideration, where the Plaintiff, sale and purchase between Mr. AA and
namely Mr. AA cannot register land that Mr. MA is carried out on the basis of an
has been purchased legally according to agreement, both regarding the price and
law, in which the sale and purchase is not the goods, namely land, so that the sale
carried out before the PPAT. Meanwhile, and purchase of land according to the
according to the provisions of Article 37 Certificate of Ownership Number 1758 in
paragraph (1) Government Regulation the name of Arifin Bin Mahlan between
Number 24 of 1997 concerning Land Mr. AA and Mr. MA is a legal sale and
Registration, transfer of land rights purchase. However, the sale and
through buying and selling can only be purchase of land must be followed by
registered if it is proven by a deed drawn registration of the land in accordance
up by the authorized PPAT. with the provisions of Article 37 of
Whereas in this case, the sale and Government Regulation Number 24 of
purchase between the Plaintiff and the 1997, so that the PPAT must draw up a
Defendant was carried out underhanded deed of sale and purchase for the sale and
which should have been done before the purchase of land. Because in this case the
PPAT, for later the PPAT made a sale and sale and purchase agreement has not
purchase deed as the basis for a request been drawn up by the PPAT, the transfer
for a change of name to the Office of the of land rights cannot take place, even
National Land Agency. However, with the though the sale and purchase has been
whereabouts of the Defendant not being carried out legally according to law.
known, the making of the Sale and Considering that in petitum
Purchase Deed was hampered because number 2 (two), there is a causal or
the making of the Sale and Purchase Deed causal relationship between the
could not take place without the Plaintiff's losses and the mistakes or
presence of both parties. actions of Defendants I and Defendants
II, so that all elements of the unlawful act
2. Judge's Considerations and are fulfilled as regulated in Article 1365
Decisions of the Indonesian Criminal Code Civil
The judge's consideration in the Law by the Defendants.
Decision of the Batulicin District Court Considering that in the petitum
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Ratna Khairani, Rahmida Erliyani, Anang Shophan Tornado
Verstek Decision Power On Under-Hands Selling Which The Seller Doesn't Exist ……………….….(Hal 1773-1793)

number 3 (three), the sale and purchase Defendant I is valid according

of object cases is legal according to law. to law;
Considering that in petitum 5. Declare legally valid a plot of
number 4 (four), the object of land land with an area of 225 M2
dispute is a plot of land covering an area (Two hundred and twenty
of 225 M² (two hundred and twenty five five square meters) located in
square meters) located in Sinar Bulan the former Sungai Danau
Village, Satui District, Tanah Bumbu Village, now Sinar Bulan
Regency which is contained in the Village, Satui District, Tanah
Certificate of Property Rights Number Bumbu Regency, as contained
1758 in the name of Arifin bin Mahlan is in the Certificate of
legally owned. Ownership No. 1758 in the
Considering that in petitum name of Arifin Bin Mahlan,
number 5 (five), this decision can be used belongs to the Plaintiff ;
for the Process of Transferring the Name 6. Declare this decision canused
of Property Rights Certificate Number for the process of transferring
1758 in the name of Arifin Bin Mahlan at the name of the Certificate of
the Land Office of Tanah Bumbu Regency Property Rights Number
to ensure certainty of the 1758 which is still written in
implementation of the plaintiff's rights. the name of Arifin bin Mahlan
Therefore, based on the to be in the name of the
argument for the lawsuit in relation to Plaintiff at the Tanah Bumbu
documentary evidence, witness District Land Office;
statements and local examinations, as 7. Punish Defendant I and
well as the facts in the trial, the Panel of Defendant II jointly and
Judges decided as follows: severally to pay all costs
1. Declaring Defendant I and incurred in this case in the
Defendant II were duly and amount of Rp. 6,020,000.00
properly summoned but did (six million twenty thousand
not appear; rupiah).
2. Granted the Plaintiff's
Lawsuit in its entirety with 1. Legal Analysis
verstek; a. Verstek Decision Strength
3. Declare that the actions of that has been inkracht towards
Defendant I and Defendant II transitional registrationrights over
who did not complete the land
process of returning the name Based on the elaboration above,
of the certificate to the land where the Court has summoned the
object of the dispute Defendant in accordance with the
constituted an unlawful act summons dated February 23, 2021,
which brought losses to the March 16, 2021 and March 24, 2021 but
Plaintiff; was not present or did not send his legal
4. Declare that the sale and representative or attorney to attend the
purchase of the disputed trial, so that according to Article 125
object of land as contained in paragraph (1) HIR and Article 149 R.Bg
the Certificate of Ownership paragraph (1). In Article 125 paragraph
Number 1758 in the name of (1) HIR explains that the Panel of Judges
Arifin bin Mahlan which the can pass a verstek decision if the
Plaintiff conducted with defendant is not present or does not also
represent his attorney to appear even

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though he has been duly summoned.6, presence of the plaintiff or defendant

and Article 149 paragraph (1) RBg who has been duly summoned.
explains that if on the appointed day the Whereas from both written
defendant does not come even though he evidence and witness evidence, the Panel
has been duly summoned, and also does of Judges concluded that the Plaintiff had
not send his representative, then the been able to prove all of the arguments
lawsuit is granted without his presence for his lawsuit, so it was fitting that the
(verstek) unless it turns out according to Plaintiff's claim be granted in its entirety
the district court that The lawsuit has no with verstek, in accordance with Article
legal basis or is unreasonable. The 14 paragraph (2) of Law Number 48 of
defendant has been summoned three 2009 concerning Power The judiciary
times but the defendant is still absent explains that in a deliberative session,
and has not ordered his legal each judge is obliged to submit written
representative or proxy to attend the considerations or opinions on the case
trial which is in accordance with Article being examined and become an integral
126 HIR and so that the judge is not hasty part of the decision.7.
in giving a decision because there is a The decision was pronounced in
possibility that the parties do not come a trial that was open to the public on
because there are certain obstacles. Thursday, 10 June 2021 in accordance
Article 126 HIR reads: In the matter with Article 13 paragraph (2) of Law
referred to in the two articles above, the Number 48 of 2009 concerning Judicial
District Court, before making a decision, Power. presented in a trial open to the
orders that the party who does not public8.
appear to be summoned for the second The judge in this case has
time, appears before another trial day, examined the case and needed evidence,
which is notified by the where the results of the evidence were
chairperson,inside conference to the used as material for consideration in
coming party, for whom the notification deciding the case. Proof is the most
is effected as a summons. important stage for examination during
Whereas because the Defendant, trial. Proof has the aim of obtaining
even though he had been legally and certainty that a fact/event proposed has
properly summoned, did not appear and actually occurred, in order to obtain a fair
did not order his legal representative or and correct judge's decision. The judge
proxy to appear before the trial, the cannot give a decision if it is not clear in
mediation efforts in accordance with his opinion that the facts/events did
Perma No. 1 of 2016 could not be occur, that is, the truth is proven on the
pursued so that the trial was continued. basis of evidence.
Perma No. 1 of 2016 in Article 4 The judge in making decisions in
paragraph (2) confirms that disputes this case has also carried out three stages
that are exempt from the obligation to that must be carried out by the judge in
settle through mediation as referred to in obtaining a correct and good decision,
paragraph (1) include disputes whose namely, first, the constatir stage.Constat
examination is carried out without the legal events submitted by each party to
him by seeing, acknowledging or

6 8
M. Yahya Harahap,Place. how. Place. Cit.

7
Law Number 48Tahun 2009
AboutJudiciary,matter. 6.

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Verstek Decision Power On Under-Hands Selling Which The Seller Doesn't Exist ……………….….(Hal 1773-1793)

justifying the occurrence of the events Based on the evidence both

that have been proposed. So, constituting juridically and physically in the form of
means that the Judge sees, knows, receipts, Property Rights Certificate
justifies, that a legal event has occurred, Number 1758/Sungai Danau on behalf of
the occurrence of a definite obligation Arifin Bin Mahlan, control over land and
and is not an allegation, which is based buildings, as well as the witnesses who
on means of proof. were present at the trial and the
Second, the qualification statements of the witnesses, the Tribunal
stage.classify legal events submitted by The judge also provided legal protection
the parties to him. The event is by stating that the sale and purchase
alreadyconstatinized this is a mandatory agreement was privately owned over
eventqualified. classify meaning 225 m2 of land and buildings2 (two
assessing the events that are considered hundred and twenty five square meters)
to have actually occurred, including with Certificate of Ownership Number
which legal relationship and what legal 1758/Sungai Danau in the name of Arifin
relationship, it can be said that it is also Bin Mahlan is legal according to law.
mandatory to obtain the legal The Panel of Judges in their
relationship for events that have been Decision decided that the sale and
constitutive. purchase carried out under the hand was
Third, Stagemake up. Meng legal and therefore the buyer was
Constitute, namely establishing the law recognized as a buyer with good
or providing justice to each of the intentions and could protect his right to
litigants9. register based on a Court Decision to
Based on the ruling which reads register his land at the Office of the
in favor of the Plaintiff's claim in its National Land Agency based on the
entirety with verstek, this is based on the relevant Court Decision.
petitum of the lawsuit, indeed based on Therefore, based on the
the argument for the lawsuit and the description above, the author concludes
argument for the lawsuit has a rational, that the judge's decision which contains
strong and objective legal basis, thus the the dictum in favor of the plaintiff's claim
judge can grant the lawsuit in its entirety. is positive, so that what is the object of
The verstek decision on this dispute the dispute remains as before in the
which grants all lawsuits also fulfills the hands of the Defendant, so in the
following conditions:10 acceptance of the lawsuit there is a
a. All of the Defendants or correction of legal relations in a direction
Defendants did not come on that benefits the Plaintiff. The correction
the day of the appointed is accompanied by the imposition of legal
hearing. obligations on the Defendant in the form
b. They or he did not send of a penalty for carrying out the
his/her legal representative fulfillment of something, which can be in
to appear the form of surrendering and emptying,
c. They or they are all duly paying a certain amount,
called dividingsomething or stopsomething
d. Petitum does not violate actions and so on.
rights The judge has the authority to
e. The petition is justified. grant all of the plaintiff's lawsuit based

9 10
DaughterListen Hermawan, Mohamad Ibid., p. 435
Fajri Mekka Putra,On. Cit, p. 424.

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on the following criteria:11 Plaintiff's lawsuit could be accepted and

1. The argument or position of granted in full with verstek. Where the
the lawsuit has a legal basis presence of the parties in the trial is an
(legal basis) and basic facts important thing and very influential on
(actual ground) that is clear the agenda of the next trial. The absence
and clear, so that the lawsuit of the litigants at trial, even though an
concerns something that can official and proper summons has been
be concluded clearly and made, can be considered as a lack of
clearly (a clear and seriousness by the parties to defend their
certainconclusion) and the rights. Related to this, both the
lawsuit does not contain any Defendant and the Plaintiff who did not
formal defects in any form, provide their presence before the trial
does not contain defectsne bis could have a different impact on the
in idem, obscure dragonfly, course of the next trial. Summons
premature, expired and so on. according to civil procedural law are
2. All of the arguments for the conveying officially and properly to the
lawsuit were successfully parties involved in a case in court, so that
proven by the Plaintiff with they fulfill and carry out the things
evidence that reached the requested and ordered by the panel of
minimum limit of proof. judges or the court. When there is a new
Nothing has been proven, lawsuit, the Court Bailiff will summon the
especially if the argument for parties to come before the Court. After
the lawsuit is recognized by the parties, both the Plaintiff and the
the Defendant purely and Defendant, received the summons, they
unanimously, then there is were required to attend the hearing.
sufficient reason for the judge From the considerations and the
to grant the entire lawsuit. judge's decision above, the Panel of
3. What is demanded in the Judges stated that the Plaintiff's lawsuit
petitum is in line with or in could be accepted and granted in full
sync with the argument for with verstek. In civil cases, the decision
the lawsuit. There is no has been consideredin forcewhen
controversy or conflict referring to the provisions
between posita and petitum inExplanation Article 195 HER, which
lawsuit. reads:
4. Furthermore, what the In civil cases, because the winning
plaintiff demands in the party has obtained a judge's decision that
petitum is still within the punishes the opposing party, he is entitled
limits of decency, civilization to use the tools allowed by law to force the
and humanity or does not opposing party to comply with the judge's
conflict with the interests and decision. This right is appropriate,
public order and decency because if there is no possibility to coerce
outlined in article 1337 of the the convicted person then the trial will be
Civil Code. useless.
In this case, there is no other way
Based on the judge's decision for the winning party than to use their
above, the Panel of Judges stated that the rights through the mediation of the judge

11
M. Yahya Harahap,On. Cit, matter.
894.

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Verstek Decision Power On Under-Hands Selling Which The Seller Doesn't Exist ……………….….(Hal 1773-1793)

to implement the decision, but the of Article 37 paragraph (2) of

decision must actually be carried out., Government Regulation Number 24 of
has obtained definite power, meaning 1997 concerning Land Registration, it is
that all legal avenues against the decision stated in that article that under certain
have been used, or have not been used circumstances as determined by the
because the time has expired, unless it is Minister of the Head of the Land Office
stated that the decision can be can register the transfer of rights over a
implemented immediately, even if there parcel of land with ownership rights,
is resistance, appeal or cassation. which is carried out between individuals
When this time is upPast then Indonesian citizen as evidenced by a
the consequences that arise are: Loss of deed not drawn up by the PPAT, but
the defendant's rightssubmit resistance, which according to the Head of the Land
the defendant is considered to have Office is deemed sufficient to register the
accepted the verstek decision, the transfer of rights in question.13 Whereas
verstek decision is directobtain in reality the Land Agency Office does not
permanent legal force and against which want to carry out the transfer of rights
appeals and cassation efforts are closed directly without the existence of a Sale
which results in a direct decision being and Purchase Deed from the PPAT as the
attached to an executorial basis for the transfer of buying and
powerabsolutely . 12 selling rights over the object of the
Thus, a court decision can be dispute.
declared to have obtained permanent This means that the Land Agency
legal force, if the court decision is not continues to refer to Article 37
appealed or cassated after 14 days since paragraph (1) Government Regulation
the decision was pronounced or notified Number 24 of 1997 concerning Land
to the applicant, therefore the decision Registration, that the transfer of land
can be declared legally binding. rights and ownership rights to apartment
So in this case there is sufficient units through buying and selling,
reason for the panel of judges to decide exchange, income grants within the
that the sale and purchase under the company and legal actions other
hands is legal and therefore can protect transfers of rights, except for transfers of
the Plaintiff's right to transfer rights over rights through auctions, can only be
his land and land registration to the registered, if proven by a deed drawn up
Office of the National Land Agency based by the authorized PPAT according to the
on the Decision of the Batulicin District provisions of the applicable laws and
Court Number 68/Pdt.G/2021/ pl month regulations.14
However, in this case the Decision of the Based on the foregoing, it can be
Batulicin District Court Number concluded that the Court's decision is
68/Pdt.G/2021/Pn Bln is only a basis for only as a level of justification, it is not
assessing the degree of truth and cannot enough to register the transfer of rights
directly register the transfer of land directly to the Office of the National Land
rights to the Office of the National Land Agency, a Deed of Sale and Purchase is
Agency. still requested from the PPAT as an
Where based on the provisions authorized official as written evidence
12 13
M. Yahya Harahap,On. Cit, matter. Government Regulation of the
405. Republic of Indonesia Number 24 of 1997,Place.
Cit.

14
Ibid.

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stating the sale and purchase and Plaintiff's claim entirely in relation to the
transfer of land rights. from the seller to fact that the whereabouts of the
the buyer in this case from the Defendant Defendant (the seller of the land) are no
to the Plaintiff. In addition to the longer known has the implication that
decision, the decision is added with a the transfer of land rights that occurred
certificate with permanent legal force without a Sale and Purchase Deed along
which is used as the basis for the transfer with the registration of the transfer of
and registration of the transfer of rights rights at the Regency/City Land Office is
over the land. This means that the panel legal and provides legal certainty and
of judges should not only focus on protection law for society. This is
statutory regulations but also consider because it is based on the
jurisprudence because basically they verdictversteaksaid, the sale and
have to fulfill the sense of justice that purchase process that took place even
lives in society. without the Sale and Purchase Deed was
One way that can be taken by the declared valid as a sale and purchase by
Plaintiff is to use the provisions of Article the Plaintiff/The buyer is declared
37 paragraph (2) Government legally as the owner of the land and can
Regulation Number 24 of 1997 transfer the name/transfer of land rights
concerning Land Registration, it is stated without a PPAT deed as long as the
in the article that under certain judge's decision is binding, clear and
circumstances as determined by the firm. This is in accordance with Article 55
Minister of the Head of the Land Office of Government Regulation Number 24 of
can register the transfer of rights over 1997 concerning Land Registration
land freehold land, which is carried out which explains that changes to land
between individual Indonesian citizens registration data can be made based on
as evidenced by a deed not drawn up by court decisions or orders. However, in
the PPAT, but which according to the reality the local Regency/Municipal Land
Head of the Land Office is deemed Office still requests a Sale and Purchase
sufficient to register the transfer of the Deed made by the local PPAT, this
title in question. However, in reality the indicates that the understanding of
provisions used are still based on Article Government Regulation Number 24 of
37 paragraph (1) Government 1997 concerning Land Registration in
Regulation Number 24 of 1997 article 37 paragraph (2) can become a
concerning Land Registration, it is stated legal basis and is further emphasized in
in that article that the transfer of land Article 55 paragraph (1) is still not
rights and ownership rights to apartment understood, causing legal confusion.
units through buying and selling, Based on the provisions of this
exchange, income grants in companies paragraph, the Plaintiff must appear
and other legal actions of transferring before the PPAT with the Decision of the
rights, except for transferring rights Batulicin District Court Number
through auctions, can only be registered, 68/Pdt.G/2021/Pn Bln as a basis stating
if proven by a deed drawn up by the that the sale and purchase and
authorized PPAT according to the ownership of land is legally owned by the
provisions of the applicable laws and Plaintiff and as the attorney in signing
regulations. the Sale and Purchase Deed in PPAT.
From the explanation above, it Thus, the Plaintiff here still gets legal
can be concluded that the registration of protection while still obtaining legal
the transfer of land rights is based on a certainty over the ownership of his land
decisionversonlywhich has permanent rights.
legal force(in force)which granted the
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Ratna Khairani, Rahmida Erliyani, Anang Shophan Tornado
Verstek Decision Power On Under-Hands Selling Which The Seller Doesn't Exist ……………….….(Hal 1773-1793)

b. The legality of making the The one who has the right to
Deed of Sale and Purchase sell a piece of land is of course
(AJB) by the PPAT is based the legal holder of the right to
on the verstek decision the land, who is called the
Since the enactment of PP No. 10 owner. If the owner of a plot
of 1961 regarding Land Registration, the of land is only one person,
sale and purchase of land is carried out then he has the right to sell
by the parties in front of PPAT who are in the land himself. However, if
charge of making the deed.15 the owner of the land is two
The deed of sale and purchase people, then the right to sell
made and signed before the Land Deed the land is the two people
Making Officer (PPAT) proves that a legal together. Can't be just one
action has been taken to transfer rights person acting as a seller.16
over a land accompanied by payment of a
price, and proves that the recipient of the 3) The land title in question may
rights or the buyer has become the new be traded and is not in
right holder by having evidence from dispute.
ownership of the land. Regarding what lands that
There are two conditions for can be traded have been
buying and selling land, namely: determined in the BAL,
1. Material requirements, namely:
which will determine the validity of the a) Property Rights (Article
sale and purchase of land, include: 20)
1) The buyer has the right to buy b) Cultivation Rights (Article
the land in question. 28)
The point is that the buyer as c) Building use rights (Article
the recipient of the right must 35)
meet the requirements to d) Right of Use (Article 41)
own the land he is going to
buy. To determine whether or If one of these material
not the buyer has the right to conditions is not met, it means that the
the land he bought depends seller is not a person entitled to the land
on what rights exist in the he is selling or the buyer does not meet
land, whether ownership the requirements to become the owner of
rights, usufructuary rights, the land rights, or the land being traded
building use rights, or is in dispute or is land that cannot be
usufructuary rights. Based on traded. , then the sale and purchase of
Article 21 of the UUPA, only land is invalid. Sale and purchase of land
single Indonesian citizens and carried out by unauthorized persons is
legal entities stipulated by the null and void. This means that from the
government can own land. beginning the law considered that there
had never been a sale or purchase.
2) The seller has the right to sell
the land in question.

15 16
Adrian Sutedi. 2007.Transfer of Land Effendi Warin. 1994.Land Sale and
Rights and its Registration, Jakarta : Sinar Graphics, Purchase Practices, Jakarta : Raja Grafindo
p., 77 Persada, p.2

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2. formal terms (2) The legal actions referred to

After all the material in paragraph (1) are as
requirements have been met, the formal follows:
requirements are the making of a sale a. buy and sell
and purchase deed of land drawn up by b. exchange
the PPAT and signed by the parties c. grant
before the PPAT. d. income in the company
Based on the description above, (inbreng)
it can be understood that the land sale e. division of joint property
and purchase agreement is an agreement f. the granting of building
in which the parties bind themselves to use rights or
carry out legal acts of sale and purchase usufructuary rights over
where the land becomesthe object, the land with ownership
land sale and purchase agreement must rights
meet the material requirements as well g. granting Mortgage Right
as the formal requirements, where the h. granting authority to
material conditions determine the burden Dependent
validity of a land sale and purchase Rights.
agreement, after the material
requirements are met, the sale and Based on the explanation of the
purchase of the land is carried out by Article above, in carrying out its main
making a Sale and Purchase Deed of land tasks, a PPAT has the authority to make
made and signed before the PPAT who it authentic deeds regarding all legal
is also a formal requirement. actions as referred to in Article 2
Authorities of Officials Making paragraph (2) regarding land rights. In
Land Deeds Authority is a power, accordance with the PPAT's position as a
authority is a power possessed by one or public official, the deed he makes is given
several parties whose existence is the position of an authentic deed.
recognized by the applicable laws and Article 4 of PP No. 37 of 1998
regulations. regarding the Regulations of the Land
The main duties and authorities Deed Making Office Department (PPAT):
of the PPAT are based on Article 2 PP No. (1) PPAT is only authorized to
37 of 1998 concerning Regulations for make deeds regarding land
the Position of Officials Making Land rights or ownership rights to
Deeds (PPAT), as follows: flats located within their
(1) The main task of the PPAT is working area.
to carry out part of the land (2) Deeds of exchange, deed of
registration activities by entry into the company, and
drawing up deeds as deed of distribution of joint
evidence that certain legal rights regarding several
actions have been taken land rights and ownership
regarding land rights or rights to flats, not all of
ownership rights to flats, which are located within the
which will be used as the working area of a PPAT, can
basis for the registration of be drawn up by a PPAT
changes to land registration whose working area covers
data resulting from said one plot of land or
legal action. apartment units whose
rights are the object of legal
action in the deed.
1786
Ratna Khairani, Rahmida Erliyani, Anang Shophan Tornado
Verstek Decision Power On Under-Hands Selling Which The Seller Doesn't Exist ……………….….(Hal 1773-1793)

The authority of the Land Deed into.in front the authorized official, in
Making Officer (PPAT) in the process of this case the PPAT, because the Land
buying and selling land is known that the Deed Making Officer (PPAT) has the
Land Deed Making Officer (PPAT) has the authority to make an authentic deed in
main task of carrying out some of the the land sector.
land registration activities by making The PPAT deed as strong
deeds as evidence that certain legal authentic evidence is required to comply
actions have been carried out regarding with the procedures regulated in the
land rights or ownership rights over Flat applicable laws and regulations. A deed
Units , which will be used as the basis for can be said to be a deedauthentic, when
the registration of changes in land the following factors are met:
registration data resulting from the said a. The form of the deed is in
legal action. accordance with the
Whereas in a land sale and provisions of the law;
purchase agreement the role of the PPAT b. The Act was made by or
is to participate in the land sale and before a public officer;
purchase agreement as an intermediary c. The deed was made within
as well as a witness to the sale and the jurisdiction of the public
purchase agreement carried out by the official who made the
parties who then prove it by making a deedauthentic That.
Sale and Purchase Deed (AJB), before
making a Sale and Purchase Deed (AJB) PPAT Act as an actauthentic has
first PPAT examines certificates of land the following functions:
rights by submitting an application, a. formal function (causal
received at the counter at the Office of the formality), which means that
National Land Agency (BPN), conducts in order to be complete or
inspection of land certificates, then perfect (not for legality) a
provides proof of inspection and takes legal action, a deed must be
the results of the inspection at the office made, here the deed is a
of the National Land Agency (BPN), formal requirement for the
besides that the authority The PPAT in existence of a legal action;
the process of buying and selling land is b. Evidence function
carrying out the main task, namely that a (probations cause), that the
PPAT has the authority to make a deed was made intentionally
deedauthentic regarding all legal actions from the beginning for
regarding land rights and property rights proofin later day, the written
over flats located within their working nature of an agreement in the
area. form of a deed does not make
Land Deed Making Officer the agreement valid, but only
(PPAT) who is a partner of BPN in the so that it can be used as
land sector. The legal consequences of evidencein later day. A deed
buying and selling land carried out basically has a variety of
before the Land Deed Official (PPAT) functions in relation to legal
Certainty, order, and legal protection actions, among others, the
require that the flow of law in people's function of determining the
lives requires evidence that clearly validity or conditions of
determines the obligations and rights of formation and function as
a person as a legal subject in society, as evidence.
well as in the case of a land sale and
purchase agreement must be entered

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The PPAT deed should be drawn committed by these

up in accordance with the correct members.
incident, status and data and supported d. Basically, administrative
by documents in accordance with sanctions that can be
statutory regulations. imposed on a PPAT who
Deviations from the procedure violate the PPAT Position
for making a PPAT deed, both regarding Regulations or other laws
material requirements and formal and regulations are
requirements can result in the deed reprimands, warnings,
becoming legally flawed. Deviations from temporary dismissals,
material requirements relate to subjects honorable discharges, and
entitled to buy and sell (Buyers and dishonorable discharges.
Sellers) and objects that aretraded not in PPAT can be dismissed
dispute. The buyer as the recipient of the with no respect.
right must meet the requirements to own e. Furthermore, the relevant
the land he purchased or qualify as the PPAT may also be subject
subject of property rights. The party to sanctionsadministrative
entitled to sell the land in question is of for violating the PPAT code
course the legal right holder over the of ethics (Article 6
land called the owner. paragraph (1) of the PPAT
The PPAT's responsibility for Code of Ethics), namely:
deed containing legal defects, can be 1. Warning;
described as follows: 2. Warning;
- First, the accountability of the 3. Schorsing (temporary
PPAT administratively. dismissal) from
a. Administrative errors or membership of the
maladministration IPPAT association;
committed by the PPAT in 4. Onzetting (dismissal)
making authentic deeds from membership of the
will certainly lead to IPPAT association; And
certain legal 5. Disrespectful
consequences, namely the termination of
PPAT can be held membership of the
accountable both legally IPPAT association.
(administratively) and
morally. f. The administrative
b. Administrative responsibility of the PPAT is
responsibility by the PPAT by imposing administrative
related to intention, sanctions in the form of a
negligence and/or warning and/or temporary
negligence in carrying out dismissal for committing a
its authority, namely minor violation of the
making authentic deeds, is prohibition or obligation as a
subject to administrative PPAT (Article 10 paragraph
sanctions. (4) letter c PP No.24/2016).
c. The imposition of
administrative sanctions is - Second, PPAT's
adjusted to the quantity accountability in civil terms.
and quality of violations a. PPAT's responsibility
related to intention,
1788
Ratna Khairani, Rahmida Erliyani, Anang Shophan Tornado
Verstek Decision Power On Under-Hands Selling Which The Seller Doesn't Exist ……………….….(Hal 1773-1793)

negligence and/or proven through the making of a deed by

negligence in making a sale the Land Deed Making Officer (PPAT).
and purchase deed that If there is a transfer of land
deviates from the formal rights, it is mandatory to make a deed by
requirements and material PPAT (Land Deed Maker Office) as per
requirements for the the policy in Article 37 paragraph (1) of
procedure for making a the Government Regulation of Land
PPAT deed, can not only be Registration.
subject to administrative However, the policy of Article 37
sanctions, but also civil. paragraph (2) of the Government
b. Civil liability applies if Regulation on Land Registration also
there is a civil claim from a states that under certain conditions as
party related to the deed of stipulated by the Minister of Agrarian
sale and purchase made by Affairs and Spatial Planning, the Head of
the PPAT, and the party the Land Office can register the transfer
feels disadvantaged by the of rights over a parcel of land with
presence of the deed of ownership rights carried out
sale and purchase.17 betweenindividual Indonesian citizen as
evidenced through a deed that was not
If the whereabouts of the seller drawn up by the Official for Making Land
in the private sale and purchase Deeds, but based on the Head of the Land
agreement are unknown, then in order to Office, the level of truth is considered
transfer land rights it is necessary to file sufficient to register the transfer of
a lawsuit through the District Court, this related rights.
is in accordance with Article 37 The category of level of truth that
paragraph 2 of Government Regulation is considered sufficient as is the case with
(PP) Number 24 of 1997 which does not the provisions of Article 37 paragraph
explicitly state that the decision court can (2) Government Regulations on Land
be used as a basis for filing a transfer of Registration is not explained in depth in
namescertificate, but it can be the Explanatory Article, thus
interpreted that the name of the determining the level of truth.is Head of
certificate can be reversed by the Land Office.
letterauthentic made by a non-PPAT, The validity of the sale and
because the court decision includes an purchase deed is very important
authentic letter or deed, so the transfer of considering that if there is a lawsuit or
the name of the certificate is carried out rejection from one party, the sale and
after the decision already has permanent purchase deed is proof that there has
law. been a transition. The PPAT who makes
Government Regulation no. 24 of the Sale and Purchase Deed has a very
1997, which is an implementing important position because the PPAT is
regulation instead of Law No. 5 of 1960. the official who makes and authorizes the
Article 37 paragraph (1) PP No. 24 of sale and purchase or other transfer of
1997 emphasized that the transfer of land.
land rights and ownership rights to flats The importance of the PPAT's
units through buying and selling is position in issuing the Sale and Purchase

17
ACTA DIURNAL Journal of Notary Law
Volume 3, Number 1, December 2019 ISSN: 2614-
3542 EISSN: 2614-3550.

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Deed requires legal responsibility for the between the parties with the substance
deed made. That is why the PPAT must of ratifying the signatures of the parties
follow the procedures stipulated by law carrying out legal actions and
and various government regulations guaranteeing the certainty of the date of
related to the transfer of ownership of signing the deed.
land and land registration. All of these Where is the problem that the
procedures must be followed so that the author raises, that it is clear that the
deed of transfer of rights made by the court's decision states that "this decision
PPAT is legal. can be used for the process of
Making a deed that is not in transferring namescertificate ownership
accordance with the procedures for right number 1758 which is still written
making a PPAT deed can pose a risk to in the name of Arifin Bin Mahlan becomes
the certainty of land rights that arise or in the name of the Plaintiff at the Land
are recorded on the basis of the deed. Agency office of Tanah Bumbu Regency.
As emphasized in Article 6 But onin fact from the office of the local
paragraph (2) PP No. 24 of 1997 namely: land agency, they are still asking for a
"In carrying out land registration, the Sale and Purchase Deed to be made by
Head of the Land Office is assisted by a the PPAT. In which the Buyer (Plaintiff)
Land Deed Official (PPAT) and other Acts in Two Positions acting for and on
officials assigned to carry out certain behalf of the Defendants as the Seller as
activities according to this government well as the Plaintiff acting for and on his
regulation and the relevant laws and own behalf as the buyer to sign the Sale
regulations." The word "assisted" in and Purchase Deed before the Land Deed
Article 6 Paragraph (2) of Government Making Officer in Batulicin for the
Regulation No. 24 of 1997 here does not transfer of rights over a plot of land and
mean that the Official for Making Land a house building on it which is located on
Deeds is a subordinate of the RTR Provincial Road. 003RW. I Sinar
Regency/City Land Office who can be Bulan Village, Satui District, Tanah
ordered by him, but the Official for Bumbu Regency, South Kalimantan
Making Land Deeds has independence in Province "The legal settlement that can
carrying out his duties. and authority. be carried out so that a sale and purchase
Duties and Authorities of PPAT that has been carried out without a PPAT
Land Deed Officials in carrying out their sale and purchase deed can be registered
duties must be independent and at the Land Office is to make a Sale and
impartial to one of the parties. Whereas Purchase Deed before the authorized
the position of PPAT is an independent PPAT, and with the deed of sale and
profession, namely having the function of purchase made before/by the PPAT, the
being a general official who, based on deed of sale and purchase can be
statutory regulations, has authority from registered at the Land Office, and since
the government through the State the deed of sale and purchase is
Minister for Agrarian Affairs/Head of the registered, the buyer has a definite
National Land Agency to make deed of position before the law as the legal
transfer of rights and imposition of owner of the land and building both
Mortgage on land which is evidence legally and physically and legally.
thatauthentic, has duties asrecording of Then later what appears in the
deed conveyance (recording of actions) so deed is the name of the Buyer for both,
that it is obligatory to confirm the will of the First Party, namely the buyer with
the parties who have reached an (QQ) the name of the Seller, and the
agreement between them, and is also Second Party is the name of the Buyer as
tasked with validating legal actions himself.
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Ratna Khairani, Rahmida Erliyani, Anang Shophan Tornado
Verstek Decision Power On Under-Hands Selling Which The Seller Doesn't Exist ……………….….(Hal 1773-1793)

Regarding the validity of the Sale the Court. So that it has a beneficial value
and Purchase Deed, it is still authentic, for the Plaintiff to be able to process the
because in terms of making it, it still transfer of rights which so far cannot be
refers to Article 1868 of the Civil Code, done for private buying and selling. And
the conditionsFirst that must be fulfilled with this court decision for the Plaintiff
is that deedauthentic must be made in there is a value of legal certainty as the
the form determined by the Law,second; basis for the transfer of rights where the
regarding the necessity of making it decision has permanent legal force (In
before or by a public official, and third; force Bywise). Many people still carry out
that the official must be authorized for land sale and purchase transactions
this purpose at the place where the deed under the hands, such as in Tanah Bumbu
was made, has been fully complied with, Regency, due to the lack of
so that the deed made is authentic and understanding of Notaries/PPATs.
valid. Buying and selling transactions under
From caseon glance canseen that the hands are still carried out by
the PPAT's actions cannot be said to have traditional people who have minimal
violated the law, because the orders and education, by carrying out the buying
conditions requested from the Land and selling process through short roads
Agency Office to draw up a Sale and with instant cash. And the community
Purchase Deed, which should be based feels that the costs incurred are not
on a court decision, are sufficient as a comparable to the buying and selling, so
basis for the transition because a court they are not in accordance with the costs
decision is the same as an authentic deed. incurred, such as the seller's and buyer's
Indirectly, this decision has been taxes that must be paid, and other
sidelined by the Land Office, so it does unexpected costs, as well as the
not carry out what was ordered in court. complexity of the process of transferring
So the deed can be said to be rights and requiring an inordinate
valid because until now, no party feels amount of time. short. That the
that they have been harmed, or that there registration of the transfer of land rights
has been a lawsuit filed against the PPAT is based on a decisionversonlywhich has
concerned regarding the confusion over permanent legal force(in force)which
the existence of the deed. granted the Plaintiff's claim entirely in
The importance of knowing what relation to the fact that the whereabouts
is right and what is important is that it of the Defendant (the seller of the land)
can be used as a preventive measure are no longer known has the implication
before unwanted things occur which can that the transfer of land rights that
result in a case being brought to court. occurred without a Sale and Purchase
Deed along with the registration of the
CONCLUSION transfer of rights at the Regency/City
Based on the author's Land Office is legal and provides legal
explanation and analysis above, the certainty and protection law for society.
following conclusions can be drawn: This is because it is based on the
That the judge's decision in case Number: verdictversteaksaid, the sale and
68/Pdt/G/2021/PN.Moon has three purchase process that took place even
basic legal values, namely justice, benefit without the Sale and Purchase Deed was
and legal certainty. Justice where the declared valid as a sale and purchase by
Plaintiff feels there is justice with the the Plaintiff/The buyer is declared
judge's decision granting the entire legally as the owner of the land and can
lawsuit, in which the sale and purchase transfer the name/transfer of land rights
carried out under the hand is legalized by without a PPAT deed as long as the

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 NUSANTARA : Jurnal Ilmu Pengetahuan Sosial, 10 (4) (2023): 1773-1793

judge's decision is binding,clear and firm. Indroharto. 2002. Usaha Memahami

This is in accordance with Article 55 of Peradilan Tata Usaha Negara. Jakarta : Pustaka
Sinar Harapan.
Government Regulation Number 24 of
the Year1997 about Land Registration M. Fauzan, 2005. Pokok-pokok Hukum
which explains that changes to land Acara Perdata Peradilan Agama dan Mahkamah
registration data can be made based on a Syariah di Indonesia, Jakarta: Kencana
decision or court order
M. Yahya Harahap. 2004. Hukum Acara
Perdata. Jakarta : Sinar Grafika.
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Ratna Khairani, Rahmida Erliyani, Anang Shophan Tornado
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Faculty of Law, Lambung Mangkurat University,
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Tanah Lahan Basah di Kabupaten Hulu Sungai
Utara. Kalimantan, Indonesia. ISSN: 2502-3136 |

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