Legal Consequences of a Statement Letter for the Transfer and Acceptance of Disputed Land Rights

Abstract

The increasing public demand for land is closely linked to the transfer of land rights. Ideally, no legal action should be taken regarding the transfer of rights over land that is currently under dispute in court. However, normatively, such transfers are permitted under the revised ministerial regulation. Article 39 paragraph (1) letter F of Government Regulation No. 24 of 1997 concerning Land Registration states that "a Land Deed Official (PPAT) must refuse to draw up a deed if the object of the legal act is in dispute concerning its physical and/or juridical data." In contrast, Article 126 paragraph (2) of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 16 of 2021 allows the registration of land rights transfer under dispute, provided the parties involved issue a "statement letter" from both the transferor and transferee. This research addresses the issue of normative inconsistency between these two provisions. The study applies normative juridical research with statutory and conceptual approaches. The legal materials used include primary, secondary, tertiary sources, and interviews. Data were analyzed through legal interpretation, systematization, and evaluation, supported by literature review from various academic libraries and legal documentation centers