Legal Certainty in Recording Binding Sale and Purchase Agreements at the Land Office

Abstract

The suboptimal regulation and implementation of the registration of Preliminary Sales and Purchase Agreements (PPJB) within the Indonesian land administration system have led to uncertainty and weak legal protection for the parties involved, particularly buyers acting in good faith. This issue is further complicated by the provision of Article 90(1) of Government Regulation No. 18 of 2021, which uses the word “may” in regulating the registration of PPJBs, indicating an optional nature that leads to ambiguity in the legal norm and the absence of a mandatory registration requirement in practice. The research questions include the regulations governing the registration of PPJBs based on laws and regulations and the urgency of registering PPJBs at the Land Office. The objective of this study is to analyze these two aspects, with theoretical benefits for the development of civil law and practical benefits as a reference for the public and practitioners. The method used is normative legal research with a legislative, conceptual, and case-based approach, utilizing qualitative analysis. Research findings indicate that the registration of PPJBs is regulated under Government Regulation No. 18 of 2021 and Ministry of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 16 of 2021; however, because it is optional, it has not yet provided optimal legal certainty and has not been effectively implemented. Failure to register PPJBs poses legal risks, as reflected in Supreme Court Decisions No. 1313 K/Pdt/2016 and No. 673 K/Pdt/2023. The registration of PPJBs is urgent as a preventive instrument to enhance transparency, certainty, and legal protection; therefore, regulatory strengthening, the development of technical guidelines, and the optimization of implementation and public awareness are necessary.