PEMBATALAN AKTA JUAL BELI TANAH YANG BELUM DIDAFTARKAN BERDASARKAN KESEPAKATAN PENJUAL DAN PEMBELI MENURUT HUKUM POSITIF INDONESIA

This study aims to determine the abrogation mechanism based on the agreement of the seller and the buyer for Deed of Sale and Purchase of land that has not been registered in the Land Office, as well as the authority of the notary in the case of abrogation by mutual agreement of the buyer and seller on the Deed of Sale and Purchase of land that has not been registered at the Land Office under the positive laws of Indonesia. Research methods used by the author in this thesis is based on research literature which approaches the research conducted normative jurisdiction. The steps in this research uses juridical logic to examine the legal principles of the rules of law that currently valid, but research is also supported by empirical data through a number of interviews with a number of Notaries, PPAT and the observer of Land Law. The results showed that the sale of land by deed of sale and purchase made by PPAT led the transition of land rights. Where every deed regarding a legal action that causes the transition, and the abolishment of the imposition of land rights made in presence PPAT qualified legal agreements, irrevocable and shall be registered in the Land Office. So that the abrogation mechanism by notarial deed on deed of sale has been made PPAT can not be justified, because the notary deed can not make the transition leading to land rights back to the seller, even if the deed is made based on the agreement of the seller and buyer, and have not been registered at the Land Office