PERBUATAN MELAWAN HUKUM DAN PERLINDUNGAN HUKUM BAGI PEMBELI BERITIKAD BAIK DALAM SENGKETA TANAH PASCA JUAL BELI DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 2825 K/PDT/2025

Abstract

Land has a fundamental role in the social, economic, and legal life of Indonesian society. Land ownership not only includes physical aspects, but also legal aspects that are the basis of legal ownership according to the provisions of UUPA and PP Number 24 of 1997. In practice, disputes often arise when there is a mismatch between physical control and the legal status of land, especially after buying and selling. This research analyzes the implementation of elements of acts against the law (PMH) as stipulated in Article 1365 of the Civil Code as well as forms of legal protection for buyers with good intentions, through the study of the Supreme Court Decision Number 2825 K/Pdt/2025. The research results show that the actions of the seller who still own the land after their rights are transferred meet all elements of the PMH: the act of violating the subjective rights of the legal owner, intentional mistakes, material and immaterial losses for the buyer, and direct causal relationships. The Supreme Court judged that the control without a legal basis was a violation of the rights of the legitimate landowner. On the other hand, buyers who obtain rights legally and have good intentions are protected through the provisions of UUPA, PP 24/1997, and Article 28D paragraph (1) of the 1945 Constitution, which guarantees legal certainty and protection of certificate evidence as strong evidence. The Supreme Court's decision emphasizes the importance of fulfilling the formal procedures of the PPAT deed and providing full protection to buyers who have acted in accordance with the law. This research confirms that the settlement of land disputes requires an integral understanding of the relationship between ownership, ownership, and the application of the PMH concept to ensure legal certainty in agrarian practice in Indonesia