fulfill these needs. Humans need goods and services with the word “agreement” in buying

and selling. The buyer gets the right to a good or service and the seller receives the profit for

the goods he has sold. Both get their respective benefits. Land sale and purchase is an

important transaction carried out to obtain rights to land. Land is one of the most valuable

assets and has the potential to generate profits in the future, valuable because land is

increasingly scarce, due to the increasing human population, pushing land prices to continue

to increase. This makes the business of buying and selling land an investment class that is

definitely promising for everyone, ranging from housing, business premises, agriculture, to

investment.

Transfer of land rights is the process of transferring land rights from one party to

another (Ekawati et al., 2021). Article 37 paragraph (1) of Government Regulation No.

article states that the transfer of land rights and ownership rights over apartment units through

sale and purchase, exchange, and grants can only be registered if evidenced by a deed made

by an authorized Land Deed Official (PPAT). Ownership rights over land can be transferred

to the relevant parties. There are two ways of transferring land rights that are often discussed,

transfer of land rights from the seller to the buyer in exchange for an agreed price. Based on

its validity, the transfer of land rights does have material requirements that must be met so

that the process is valid and has binding legal force. If the material conditions for the transfer

of land rights are not met, then the transfer can be declared null and void. Therefore, it is

important to ensure that all material requirements are met before transferring land rights. The

role of the Land Deed Official (PPAT) is very important in the process of transferring land

rights, especially in fulfilling the formal requirements. PPAT is authorized to make a Deed

of Sale and Purchase (AJB) of land and Certificate of Ownership (SHM) which are important

documents in the process of transferring land rights. A legal and secure land sale and

purchase process must be carried out by fulfilling complete evidence and involving PPAT as

In general, the process of buying and selling land involves several stages, starting from price

negotiations, making agreements, signing until the transfer of land rights through a notarial

deed process. The sale and purchase deed must be signed by the parties to prove that there

has been a transfer of rights from the seller to the buyer at the agreed price, fulfill the

conditions and show that the legal action concerned has been carried out (Elizabeth &

Anggoro, 2022). In addition, there are also various regulations and requirements that need to

be considered in this process, such as land ownership documents, land legality, and so on.

However, many people do not understand the importance of the procedure for

transferring land rights in accordance with applicable regulations. So that we often encounter

in the community, unscrupulous officials who make deeds (land deeds) who deliberately

selling does not occur in accordance with the provisions listed. People who tend not to know

the provisions of the laws and regulations make a sale and purchase so that the validity of the

goods does not have permanent legal force. As happened in one of the cities in West Java,

where there was a sale and purchase between husband and wife of inherited property that had

been made a Deed of Sale and Purchase before the Temporary Land Maker Official.

The method used is normative juridical, library legal research using an approach that

is carried out using reviewing legal materials that primarily study theories, concepts, legal

Currently, the sale and purchase of land is becoming increasingly important as land is

becoming scarce and land prices continue to rise. The transfer of land rights must be carried

out using the applicable statutory provisions. It must be in accordance with the method and

object of land that is not in a state of dispute so as not to cause disputes in the future.

But what if the sale and purchase is carried out with marital ties such as the case of sale

and purchase between husband and wife in P Village, District I, West Java. The land was

purchased in 2015 and made AJB before PPAT with Number: 8XX/2015, S as the Husband of

Mrs. K who is S's Wife has made a sale and purchase in the form of 2400 m2 (cubic meters) of

bought and sold, the “object” in the form of land being bought and sold is not an object that is

in dispute. This means that the object does not violate legal provisions. So that it can be traded.

contrary to 1467 of the Civil Code “the sale and purchase agreement may not be made by

husband and wife”. After conducting more in-depth research through interviews with the heirs

who are the biological children of Mr. S from a previous marriage, from 4 heirs it is known

that Mrs. K is the Step Wife of Mr. S who got married in 2000 and has no offspring while Mr.

S and Mrs. K are married, Mrs. K only has 3 siblings.

According to the testimony of the heirs who are the children of Mr. S, three of the heirs

said they did not know the reason why the sale and purchase took place because at that time

Mrs. K as a stepmother because the sale and purchase action carried out by the husband and

wife was odd, because Mrs. K as a stepmother only worked as a housewife, and the property

which was the object of the sale and purchase was the inherited property of Mr. S as the parent

of the heirs, The heirs also argue that the sale and purchase of the land being bought and sold

is the inherited property obtained from the previous marriage which is the inherited property

of the heirs who have not been distributed, the ownership rights of the husband and wife's

property do not automatically become joint property after marriage (Fitrah, 2022) law ''where

the agreement does not meet the objective requirements or does not have a clause or the cause

is prohibited (Isnandya, 2020).

agreement.”

According to the testimony of the heirs that in the marriage of Mr. S and Mrs. K did not

make a prenuptial agreement before Mr. S and Mrs. K entered into marriage and in the Deed

of Sale and Purchase that had been made by the Temporary Land Deed Official. That the

implementation was witnessed by one heir. According to the testimony, Y as the heir and

Village Official P who also participated in witnessing the sale and purchase process that, Mr.

S wanted to distribute one of the plots of land to Y but, because Y needed some money, since

the grant deed had not been made, Mrs. K as Stepmother bought the land so that the land then

gave some money to Y because on the grounds of minimizing the cost of making a deed to

PPAT, the AJB was made between husband and wife in front of PPATS.

rise to a legal product resulting from an illegal act, the deed made by PPATS can be canceled

by law because there has been an illegal act.

The ownership rights to the inherited land remain with the heirs, even if the land is sold

after the inheritance process. In the process of selling inherited land, the consent of all heirs

must be obtained. Their presence to give consent in person is essential. If one of the heirs is

unable to appear before the Land Deed Official (PPAT) when the deed is made (for example,

because he is out of town), the heir can make a letter of consent under hand which is then

legalized by a local notary. Alternatively, the heirs can make a consent letter in the form of a

notarial deed. The act of selling inherited land without the consent of all heirs may result in a

civil lawsuit by the heirs on the basis of unlawful acts. Ownership rights over land that has

A sale and purchase agreement does not have valid legal force if it does not meet one of

are contrary to law, morals and public order as stipulated in Article 1320 paragraph (4) and

Article 1467 of the Civil Code. As stated in the agreement, the sale and purchase is said to be

a clause or the cause is prohibited.

In the cancellation of the Land Sale and Purchase Deed, it can be canceled in two ways,

namely by holding a mediation in the presence of the parties to the dispute and an arbitrator

who has the authority and the Land Deed Official is also present. Meanwhile, if the mediation

be made by husband and wife. In the case of land sale and purchase between husband and wife,

the object of the agreement is potentially invalid because it contradicts Article 1467 of the Civil

Code.

Sale and purchase of inherited property without the consent of the heirs, the heirs are

authorized to sue the court so that the transaction is declared invalid because they have

committed an illegal act, which violates Article 1471 of the Civil Code and the property is

returned to the legitimate heirs, in accordance with applicable laws and regulations through a

legal process by filing a lawsuit at the local District Court.

Cancellation of a Sale and Purchase Deed made by a Temporary Land Deed Official can

be canceled by a judge's decision. Notaries can be punished to pay losses if the cancellation of

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