Putu Ayu Sriasih Wesna

Associates professor and secretary of the Master Notary Program Postgraduate Law Studies at Warmadewa University

Ni Putu Queen Mahayani Tenaya

Student of the Master Notary Program Postgraduate Law Studies at Warmadewa University

The process of buying and selling land can lead to disputes in cases involving differences in the values, interests and opinions of the individuals or legal entities involved, and disagreements on the status of land ownership, and/or the relevant land ownership and use.  Each party's efforts to carry out an agreement based on incorrectly agreed rights and obligations will eventually lead to disputes. In the sale and purchase transaction of land rights, there are two conditions, consisting of material terms and formal terms.

The material requirements for the sale and purchase of land rights are the subject and object of the right to be traded. Holders of land rights must have the right and authority to sell land rights. Apart from that, the buyer must also fulfill the requirements as the holder (subject) of the land rights that are the object of the sale and purchase. The formal terms for the sale and purchase of land rights include the formalities of the sale and purchase transaction.

Forms of formality include the deed as proof of the sale and purchase agreement and the official authorized to make the deed. In the context of registering the transfer of rights, the formal requirements for the sale and purchase of land rights must be proven by a deed drawn up by and in the presence of the Land Deed Making Official (PPAT).

The procedure for buying and selling land always begins with an agreement between the prospective seller and the prospective buyer regarding the object of sale, namely the freehold land to be sold and the price. The procedure for transferring land rights through a sale and purchase transaction is carried out in four stages, involving the preparation of sale and purchase deeds, the making and signing the sale and purchase deeds, the registration of sales deeds and purchase of land rights and the submission of land title certificates.

Land buying and selling transactions can certainly have legal consequences. For inherited land, one legal consequence can occur if the sale and purchase of inherited land as joint property does not meet the subjective requirements of the legality of an agreement, namely the existence of an agreement and skills, the sale and purchase transaction may be canceled. Another situation can be if the sale and purchase of inherited land as joint property does not meet the objective requirements of the validity of an agreement, namely a certain subject matter and a cause that is not prohibited, the sale and purchase transaction is null and void by law.

It is not uncommon for cases of land buying and selling to lead to disputes, as featured both in print and electronic media, with many cases taking place without being published. Therefore, prospective land or house buyers must know what they must prepare so that disputes do not occur in the future.

To prevent disputes, before buying land, the buyer must first check the ownership of the land certificate. In purchasing land, it is very important to know the status of the owner, whether the owner of the land is married or whether the position of the heir is clear, to make sure the land being traded is not joint property and/or inheritance rights for other people. If there is a land ownership dispute, the land ownership status must be checked first. Usually this is in the form of a land certificate issued by the local Land Office. In addition to the land ownership status, buyers also need to look directly at the location of the land, and check with the Land Office about its status, whether there has been a problem or not. In addition, buyers can check other supporting data, such as Land and Building Tax (PBB), Sale and Purchase Deed, Building Construction Permit (IMB).

This examination has become a requirement for making a PPAT Deed, which aims to ensure that the PPAT Deed is not legally defective. Getting as much information as possible is a necessary precaution for prospective buyers before making a purchase. Relevant to the theory of justice and the theory of legal protection relating to the case under study, in which the seller's wife still controls the object of the dispute, in this case the buyer can sue as regulated in Article 574 of the Civil Code, namely the owner of the goods can sue whoever controls the item, so that return it in the state as it is.

According to Article 572 of the Civil Code, every property right must be considered free. Whoever claims to have rights over other people's property must prove that right. Furthermore, Article 1865 of the Civil Code states that every person who claims to have a right, or designates an event to confirm his right – or to deny the right of another person – is obliged to prove the existence of that right or the event mentioned. Sale and purchase deeds and certificates of ownership have perfect evidentiary power (authentic) because their form is determined by law and drawn up by or in front of an authorized official (Article 1868 of the Civil Code), so whoever denies a right is the one who must prove it. Therefore, the sale and purchase deed and certificate of ownership owned by the buyer is a form of preventive legal protection. Proof of land ownership is very important in a dispute because it can determine the defeat or victory of the parties in dispute in the trial, if the evidence is valid and cannot be denied by the opponent.

The government not only regulates preventive legal protection but also regulates repressive protection (dispute resolution). As a repressive legal protection, the buyer can demand compensation as stipulated in Article 1496 of the Civil Code:

“If a guarantee is promised or nothing is promised, then the buyer, in the event of a claim for the right by law to deliver the goods he bought to someone, has the right to claim back from the seller, such as a refund of the purchase price; return of results, if he is obliged to hand over the results to the owner who makes the claim; costs incurred in connection with the buyer's claim to be borne, as well as costs incurred by the original plaintiff; reimbursement of costs, losses and interest as well as court costs regarding the purchase and delivery of such only have been paid by the buyer.”

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