ANALISIS YURIDIS TERHADAP CACAT KEHENDAK DALAM SENGKETA PERTANAHAN (STUDI KASUS PUTUSAN NOMOR 218/PDT.PLW/2017/PN BTM)

Land disputes are a common problem in Indonesia, generally caused by inconsistencies in legal documents, invalid agreements, or unlawful acts. This study discusses the defect of will in land sale and purchase agreements as a factor causing disputes, with a case study of Decision Number 218/PDT.PLW/2017/PN BTM. This case began with the transfer of land rights through a Sale and Purchase Agreement without fulfilling the objective and subjective elements as stipulated in Article 1320 of the Civil Code, specifically regarding agreements that are free from coercion, error, or fraud. The dispute arose due to the inconsistency between the initial agreement of the buyer and seller with the provisions of applicable land law, plus the status of the developer who went bankrupt before the name change process. By using normative juridical methods through statutory, conceptual, and case study approaches, this study found that the defect of will in the form of fraud and the buyer's ignorance of the legal status of the land caused the agreement to be canceled and caused losses to third parties in good faith. Transferring rights without considering the legal status and land registration procedures constitutes an unlawful act under Article 1365 of the Civil Code. The judge's considerations do not fully reflect substantive justice and legal certainty, as the disputed object has been legally transferred to a third party. This research emphasizes the need for legal protection for buyers in good faith and strengthening land administration mechanisms to prevent the recurrence of similar disputes..
Keywords: Land Disputes, Defective Will, Unlawful Acts, Agreements..