PENYELESAIAN SENGKETA PROSES JUAL BELI TANAH DALAM GUGATAN PERBUATAN MELAWAN HUKUM PADA PERKARA PERDATA NOMOR 27/Pdt.G/2025/PN Mlg

ABSTRACT
Nama : Fernaldi Putra Liantama
Nim : 202210110311481
Judul
Pembimbing : DISPUTE RESOLUTION IN THE LAND SALE AND PURCHASE PROCESS IN THE LAWSUIT FOR UNLAWFUL ACT IN CIVIL CASE NUMBER 27/Pdt.G/2025/PN Mlg
: 1. Fitria Esfandiari, S.H.,MH.
: 2. Fariz Aldiano Phoa, SH

This Final Assignment analyzes the settlement of land sale and purchase disputes in a lawsuit for unlawful acts (PMH) in civil case Number 27/Pdt.G/2025/PN.Mlg at the Malang District Court. The dispute stems from a land sale and purchase transaction with a right of ownership dated August 26, 1996, between Plaintiff I (Mr. BR) and the seller (Mr. SPT), which is only evidenced by a simple receipt without an authentic sale and purchase deed (AJB) before the Land Deed Making Officer (PPAT) or a certificate of ownership from the National Land Agency (BPN). This act violates Article 37 of Government Regulation Number 24 of 1997 concerning Land Registration and Article 19 of Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA), thus creating legal uncertainty over the transfer of rights. Land certification efforts in 2016–2018 were hampered by the alleged withholding of original documents by the Defendant (former Head of Tunjungsekar Village), who was subsequently sued as PMH under Article 1365 of the Civil Code (KUHPerdata). Empirical legal research using a judicial case study approach observed all stages of the trial, interviews with related parties, and analyzed case documents, the Civil Code, UUPA, PP Number 24/1997, Law Number 30 of 2014 concerning Government Administration, and Supreme Court jurisprudence Number 601 K/Sip/1975. The results of the study revealed that the dispute arose due to incomplete ownership documents, error in objecto (the area of the lawsuit land of 529 m² did not match Letter C of Plot 157 of 370 m² as an asset of the Malang City Government). The Panel of Judges' decision on August 7, 2025, rejected the lawsuit in its entirety due to the failure to prove the elements of PMH and the absence of a causal relationship.
Keywords: Land sale and purchase dispute, Unlawful act, Wrong object (error in objecto).