Published October 28, 2025 | Version v1

Legal Protection for Land Buyers Against Abuse of Authority by PPAT Officials

  • 1. Faculty of Law, Sebelas Maret University Surakarta
  • 2. Faculty of Sharia, Mamba'ul 'Ulum Islamic Institute, Surakarta
  • 3. Notary

Description

Legal certainty in land transactions is a fundamental principle of civil law systems. However, in practice, the misuse of authority by Land Deed Officials often creates legal defects that place ordinary buyers who act in good faith as the disadvantaged party. This study examines the legal protection of good faith buyers in Indonesia, focusing on a land dispute adjudicated in Decision No. 100/Pdt.G/2021/PN.Skt, strengthened by subsequent appellate and cassation rulings. This research employs a normative legal method (doctrinal legal research) with a statute approach (analyzing the Civil Code, the Criminal Code, PP No. 24/1997 on Land Registration, and PP No. 37/1998 on PPAT), a case approach (reviewing judicial decisions), and a conceptual approach (using the theories of Dworkin, Hart, and Rawls). Primary sources include court decisions and legislation, while secondary data derive from academic journals and books. Findings indicate that the court’s reasoning, which declared the sale and purchase null and void while categorizing the good faith buyer as committing an unlawful act, undermines substantive justice and erodes public trust in land registration. The novelty of this study lies in reframing the buyer not as a wrongdoer but as a legal consumer deserving protection under the principles of justice and rule of law. The study concludes that stronger supervisory mechanisms over PPAT and land registration authorities are required to ensure legal certainty and protect bona fide purchasers

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