ANALISIS PERLINDUNGAN HUKUM DAN KEPEMILIKAN TANAH PASCA PENJUAL TELAH MENINGGAL DUNIA (STUDI PUTUSAN PENGADILAN NEGERI PASURUAN NOMOR 6/Pdt.G/2025/PN Psr)

The issue of land ownership that has not been transferred often leads to legal disputes, especially if the seller dies before the administrative process is complete and the seller's heirs cannot be found. This study discusses, first, how judges consider land ownership that has not been transferred when the defendant as the original owner has passed away. Second, whether the judges' considerations in their decisions are in accordance with the principles of land law and civil law. The method used is juridical-normative with a case approach by examining the Pasuruan District Court Decision Number 6/Pdt.G/2025/PN Psr and a conceptual approach. This study uses primary and secondary legal materials. It uses the technique of collecting legal materials from the literature and analyzes them descriptively to understand the legal implications and the decision. The results of the study show that through Decision Number 6/Pdt.G/2025/PN Psr, the court provided legal protection for buyers acting in good faith by validating the sale and purchase of land under the hand conducted in accordance with customary law (cash and transparent). The legal analysis in this decision confirms that continuous physical possession and the existence of valid proof of payment are strong grounds for the judge to grant the request for a certificate transfer, even though the seller has died and the heirs are unknown. Thus, the analysis shows that the principles of good faith, legal certainty and protection, and freedom of contract have been fulfilled in the judge's consideration.. This study recommends that every land sale and purchase transaction should be carried out formally and immediately registered with the National Land Agency (BPN) in order to obtain legal certainty and prevent disputes.