Analisis Asas Terang dan Tunai dalam Hukum Agraria terhadap Perlindungan Pembeli Beritikad Baik pada Sistem Angsuran In-House yang Objeknya Terjerat Sita Jaminan

Abstrak

This study aims to analyze the existence of the principles of publicity (terang) and full payment (tunai) in Indonesian agrarian law, as well as their juridical implications for the certainty of land registration for good-faith buyers in in-house installment practices where the object is subject to a conservatory attachment. The research method employed is normative juridical with statutory and conceptual approaches. The findings indicate that although the principles of publicity and full payment constitute absolute material requirements for the transfer of land rights under Article 5 of the Basic Agrarian Law (UUPA), in practice, within in-house schemes, the transfer is often deferred until full payment is completed. Consequently, the buyer’s ownership status remains merely obligatory in nature. This condition creates significant legal vulnerability when the object is subjected to a conservatory attachment (conservatoir beslag) due to disputes between the developer and third parties, which in turn halts the administrative process of land registration at the Land Office. Legal protection for good-faith buyers does not occur automatically but must be pursued through legal opposition (partij verzet) to prove physical possession and actual payment. Therefore, regulatory measures are needed to mandate the registration of the Sale and Purchase Binding Agreement (PPJB) in the land register to ensure legal certainty and to protect consumers’ rights from external attachment interventions.