KEPASTIAN HUKUM PERALIHAN JUAL BELI HAK ATAS TANAH MENGGUNAKAN REKENING BERSAMA (Studi Putusan Nomor 156/PK/PDT/2017)

The background of this research stems from the importance of legal certainty in land transactions in Indonesia, particularly addressing frequent issues due to inadequate regulation of escrow account mechanisms. This study aims to analyze the legal certainty aspects of using escrow accounts in land transaction transfers based on a case study. The research method employed is normative juridical, with a case approach focused on Decision Number 156/PK/PDT/2017.
The results show that the use of escrow accounts offers a practical solution to enhance transaction security and minimize disputes between buyers and sellers. However, this mechanism lacks specific legal foundations in the context of land transaction transfers. Analysis of Decision Number 156/PK/PDT/2017 reveals that escrow agreements effectively ensure the orderly execution of payments and document handovers as agreed upon by the parties. Nonetheless, the absence of clear legal regulations poses a potential risk of legal uncertainty in the future.
This study recommends that the government comprehensively regulate escrow account mechanisms within laws and regulations related to land transaction transfers. This is crucial to guarantee legal certainty, prevent disputes, and provide legal protection for all parties involved.