ANALISIS YURIDIS TERHADAP PEMBATALAN PERJANJIAN JUAL BELI TANAH (STUDI PUTUSAN NOMOR 538/PDT G/2017/PN DPS JO. PUTUSAN NOMOR 283K/PDT/2020)

The sale and purchase of land is a legal act that is not only subject to the provisions
of valid agreements in the Civil Code, but also to the provisions of national
agrarian law. This study aims to analyze the legal aspects of the cancellation of
land sale and purchase agreements and to examine the judges' considerations in
Decision Number 583/Pdt.G/2017/PN Dps jo. Decision Number 283 K/Pdt/2020.
The research method used was normative legal research with a legislative
approach and a case approach. Legal materials were obtained through literature
studies covering legislation, court decisions, and relevant legal literature, which
were then analyzed using descriptive-analytical qualitative methods. The results of
the study show that land sale and purchase agreements made privately without a
Deed of Transfer from a Land Deed Official (PPAT) and without land registration
do not meet the formal requirements as stipulated in Government Regulation No.
24 of 1997, and therefore do not result in a transfer of land rights. In addition, the
considerations of judges at the District Court, High Court, and Supreme Court
levels show consistency in applying agrarian law as lex specialis, by declaring the
agreement null and void due to the non-fulfillment of the objective requirements of
the agreement. This study confirms that compliance with formal procedures in land
sales is an important requirement for ensuring legal certainty and protection for
all parties.