Legal Position of The Land Sale and Purchase Deed (AJB) which Results in a Transfer of Name Rights as a Basis for The Lawsuit

Abstract

Abstract. This study discusses the legal status and consequences of a Deed of Sale and Purchase (AJB) that has resulted in the transfer of land rights through a change of name, when the AJB is then used as the basis for a lawsuit in court. Problems arise when the transfer of rights has been legally registered with the National Land Agency (BPN), but is challenged on the grounds of formal or material defects. The objectives of this study are to analyze (1) the legal status of the AJB as the basis for a lawsuit, and (2) the legal consequences if the AJB that has changed names is challenged. The research method used is normative juridical with a statutory and conceptual approach, using primary and secondary legal materials obtained through library studies and online sources. The analysis is conducted deductively. The results of the study indicate that the AJB prepared by the Land Deed Official (PPAT) has perfect evidentiary power, but is not absolute. The AJB can be challenged if there are formal or material legal defects, such as forgery of signatures, data manipulation, default, incompetence of the parties, or procedural violations. A successful lawsuit proving legal defects can result in the cancellation of the Deed of Sale and Sale and the transfer of title at the National Land Agency (BPN), the return of ownership rights to the original owner, and legal liability claims against related parties, including the Land Deed Official (PPAT). Furthermore, a defective Deed of Sale and Sale can still be used as evidence to demonstrate an unauthorized transfer of rights, thus granting the injured party the right to demand restoration of the original condition, including the return of payments.

Keywords: Legal Status; Lawsuits; Sale and Purchase Deeds; Transfer of Rights.