PERTIMBANGAN HAKIM DAN KEABSAHAN AKTA JUAL BELI TANAH DALAM SENGKETA KEPEMILIKAN TANAH (STUDI PUTUSAN PENGADILAN NEGERI BONDOWOSO NOMOR 10/PDT.G/2018/PN. BDW)

Land as an important resource often causes legal disputes, particularly those related to the transfer of rights to land that has not been registered and still has Letter C status. The dispute becomes even more complex when the transfer is based on a Deed of Sale and Purchase (AJB) whose validity is later disputed by the official who issued the deed. This study uses a normative juridical method with a legislative and case approach. The research questions in this study are: How did the judge consider the determination of land ownership in relation to the Village Head's denial of the Sale and Purchase Deed (AJB) in case No. 10/Pdt.G/2018/PN. BDW? 2) How valid is the Deed of Sale and Purchase (AJB) No. 259/2005, which is the basis for the transfer of rights to the disputed land, when viewed from the Civil Code and Government Regulation No. 24 of 1997 concerning Land Registration? The results of this study show that the Panel of Judges based its considerations on the provisions of evidence in Articles 1865 and 1868 of the Civil Code and the provisions on the transfer of land rights according to Government Regulation No. 24 of 1997 concerning Land Registration. The Village Head's denial as the Temporary PPAT (Notary Public) of AJB No. 259/2005 caused the deed to lose its authentic evidentiary power. In addition, the seller was proven not to be the legal owner of the disputed land, so that the sale and purchase agreement did not meet the requirements for a valid agreement as stipulated in Article 1320 of the Civil Code and was contrary to the principle of nemo plus juris, with the result that the land rights were never legally established. The conclusion of this study confirms that the invalidity of the Deed of Sale and Purchase has a direct impact on the rejection of the Defendant's claim of ownership, so that the ownership status of the disputed land remains with the original owner and his heirs as the parties who are legally entitled to it.