VALIDITY OF SALES AND PURCHASE AGREEMENTS FOR LAND THAT DOES NOT MEET SPATIAL PLANNING COMPLIANCE IN INDONESIA

Abstract

The Sales and Purchase Agreement (PPJB) is a legal instrument that has developed in practice to precede the process of transferring land rights by creating a Sales and Purchase Deed (AJB). In land practice, the use of Sales and Purchase Agreements is still frequently found for land objects that do not meet the requirements of spatial planning, thus giving rise to complex legal issues. This study is useful to analyze the validity of Sales and Purchase Agreements from a civil law perspective and examine the legal implications arising from spatial planning inconsistencies on the implementation of the agreement. This study is a normative legal study with a statutory, conceptual, and analytical approach. The study findings show that the validity of the PPJB is still determined by the fulfillment of the valid requirements of the agreement according to civil law. However, spatial planning inconsistencies do not directly affect the validity of the agreement, but rather have implications for the implementation, effectiveness, and legal consequences of the agreement in practice, particularly regarding the use of the object and legal security for the parties. In addition, there is a lack of synchronization between civil law and spatial planning law that has the potential to create legal uncertainty in land practice. Based on these conditions, a reconciliation of regulations between civil law and spatial planning law is needed, along with strengthening the role of notaries and Land Deed Officials in tracing and ensuring the clarity of the property's status before establishing a contractual relationship. These efforts are crucial in supporting legal certainty and equitable protection.