ANALISA YURIDIS PUTUSAN PENGADILAN NEGERI NGAWI NOMOR: 08/PDT.G/2008/PN.NGW TENTANG SENGKETA TANAH AKIBAT PROSES JUAL BELI DI BAWAH TANGAN

Abstract

Land disputes arising from informal (underhand) sale and purchase agreements are a complex legal issue in Indonesia, reflecting the tension between contractual validity and formal registration requirements. This study aims to analyze the juridical aspects of such disputes, focusing on Ngawi District Court Decision Number: 08/Pdt.G/2008/PN.Ngw. Although direct information about this specific decision is limited, this analysis will be conducted inferentially and comparatively, utilizing relevant jurisprudence and legal principles. A normative legal research methodology, supported by a comparative study of similar court decisions, is used to explore the judges' legal considerations and the implications of the ruling. The analysis results show the crucial role of judicial validation in providing legal certainty for informal sale and purchase agreements, especially when the seller cannot be contacted or has passed away. This issue highlights the ongoing challenges posed by informal transactions and the need for legal intervention to guarantee ownership rights. Implications for legal practice and policy recommendations will also be discussed to enhance legal certainty in land transactions.