REGISTRATION OF LAND OWNERSHIP TRANSFER BY PRIVATE SALE AND PURCHASE DEED

Abstract

Land represents one of the most valuable and strategic assets in Indonesian society, serving not only as residential space but also as a source of economic investment, particularly in Kumpeh Ulu District, Muaro Jambi Regency, Jambi Province, where land sale and purchase activities have become standard practice among communities. Despite legal requirements mandating that land rights transfers be conducted through authentic deeds made by authorized Land Deed Officials (PPAT) as regulated in Law No. 5 of 1960 concerning Basic Agrarian Principles and Government Regulation No. 24 of 1997 concerning Land Registration, field reality shows that most communities still conduct land transactions through private deeds due to geographical limitations, economic considerations, and traditional customs. This study is grounded in contract theory as regulated in Civil Code Article 1313, legal protection theory according to Satjipto Rahardjo, and legal certainty theory by Gustav Radbruch, with a conceptual framework encompassing land ownership rights transfer registration, land ownership rights, land sale and purchase, and private deeds. Employing juridical sociological (empirical) methodology, this research analyses how law operates within society and examines the effectiveness of prevailing legal provisions through field observations and interviews with relevant stakeholders. The study reveals that private deed usage is primarily caused by geographical, economic, and socio-cultural factors, with the registration process requiring stricter verification compared to authentic deeds, involving document examination, juridical and technical research, and new certificate issuance. While this system provides legal accessibility to communities, it potentially creates long-term legal uncertainty. It requires additional costs for formal conversion, leading to recommendations for improving PPAT service accessibility, intensifying community education, and developing better service systems and procedures.