KEABSAHAN JUAL BELI TANAH WARISAN YANG BELUM BERSERTIPIKAT : PERAN NOTARIS, PPAT DAN PERLINDUNGAN KONSUMEN

This study aims to analyze the legal basis and criteria for the validity of the sale and purchase of inherited land that has not yet been certified within the Indonesian legal system, as well as to examine the factors causing legal issues and the role of notaries and Land Deed Officials (PPAT) in preventing disputes and providing legal protection to buyers as consumers. This research employs a normative juridical method with statutory and conceptual approaches, supported by primary, secondary, and tertiary legal materials.
The results show that the validity of transactions involving uncertified inherited land can still be recognized as long as both material and formal requirements are fulfilled, including the existence of lawful land rights, the application of the principles of transparency and cash payment (asas terang dan tunai), and the consent of all heirs. Furthermore, validity is also determined by the sufficiency of ownership evidence, even if the land has not been formally registered, in accordance with the Indonesian Civil Code, the Basic Agrarian Law No. 5 of 1960, Government Regulation No. 24 of 1997 concerning Land Registration, and inheritance laws under Islamic, civil, and customary law. Common legal issues include unclear land boundaries, lack of consent among heirs, ownership disputes with third parties, and document forgery, which may involve land mafia practices.
In this context, notaries and PPAT play a crucial role in verifying the legal capacity of the parties, examining document completeness, and ensuring legal certainty through authentic deeds. Legal protection for buyers as consumers is provided based on the principles of legal certainty, prudence, and good faith as regulated under the Consumer Protection Law, as well as through both litigation and non-litigation dispute resolution mechanisms. Therefore, the validity of the sale and purchase of uncertified inherited land largely depends on the fulfillment of legal requirements and the optimization of the roles of notaries and PPAT in minimizing potential disputes