Available via license: CC BY-SA 4.0
Content may be subject to copyright.
Notary Journal Volume 4, Nomor 2, October 2024
99
The Making Of Multiple Sale And Purchase Binding Agreements (Ppjb) By Negligent
Landowners Or Developers Before Notary
Maria Pranatia
Kantor Notaris & PPAT Dr. Maria Pranatia, S.H., Sp.N., M.H., Indonesia
notarismariapranatia@gmail.com
Anne Gunadi Martono Widjojo
Kantor Notaris & PPAT Dr. Anne Gunadi Martono Widjojo, S.H., Sp.N., M.Kn., Indonesia
notarisanne@gmail.com
Abstract
This study aims to analyze the role of Sale and Purchase Binding Agreement (Perjanjian
Pengikatan Jual Beli/PPJB) in property transactions, particularly those conducted before a
notary. PPJB is often used as a temporary binding agreement between the seller and buyer
before the Sale and Purchase Deed (Akta Jual Beli/AJB) can be issued. This research uses
normative juridical methods with empirical approaches to examine related regulations and
their implementation in practice. The results show that while PPJB provides temporary legal
certainty for both parties, legal risks remain, especially in cases of the making of multiple
PPJB created by irresponsible sellers. Additionally, notary plays a crucial role in ensuring
document validity and preventing disputes. The implementation of an electronic PPJB
registration system at the National Land Agency (Badan Pertanahan Nasional/BPN) is
proposed as a solution to enhance transparency and reduce potential future conflicts. In
conclusion, PPJB can provide good legal protection if carried out carefully and
transparently, supported by a strong legal system.
Keywords: Sale and Purchase Binding Agreement; Sale and Purchase Deed; Electronic
Registration System
Abstrak
Penelitian ini bertujuan untuk menganalisis peran Perjanjian Pengikatan Jual Beli (PPJB)
dalam transaksi properti, khususnya yang dilakukan di hadapan notaris. PPJB sering
digunakan sebagai pengikat sementara antara penjual dan pembeli sebelum Akta Jual Beli
(AJB) dapat diterbitkan. Penelitian ini menggunakan metode yuridis normatif dengan
pendekatan empiris untuk menelaah regulasi yang terkait dan implementasinya dalam
praktik. Hasil penelitian menunjukkan bahwa meskipun PPJB memberikan kepastian
sementara kepada kedua belah pihak, masih terdapat risiko hukum terutama jika terjadi
pembuatan PPJB ganda oleh pemilik tanah atau developer yang tidak bertanggung jawab di
hadapan notaris. Selain itu, notaris memiliki peran krusial dalam memastikan keabsahan
dokumen dan mencegah terjadinya sengketa. Penerapan sistem pendaftaran PPJB secara
elektronik di Badan Pertanahan Nasional (BPN) diusulkan sebagai solusi untuk
meningkatkan transparansi dan mengurangi potensi konflik di masa depan. Kesimpulannya,
PPJB dapat memberikan perlindungan hukum yang baik selama dilakukan dengan hati-hati
dan transparan, serta didukung oleh sistem hukum yang kuat.
Kata Kunci: Perjanjian Pengikatan Jual Beli; Akta Jual Beli; Sistem Pendaftaran Elektronik
A. Introduction
Notary Journal Volume 4, Nomor 2, October 2024
100
Legal practice in Indonesia reveals that not all sale and purchase transactions of land or
housing units built by developers are always carried out directly with a Sale and Purchase
Deed (Akta Jual Beli/AJB). The Sale and Purchase Deed is an official document created by a
Land Deed Official (Pejabat Pembuat Akta Tanah/PPAT) and is used as legal evidence of the
transfer of land or property rights from the seller to the buyer.1 However, this process often
requires a certain amount of time and preparation which makes both parties, namely the seller
and the buyer, choose to delay the making of the AJB.
In many cases, before the AJB can be drafted, the seller and buyer choose to first make
a Sale and Purchase Agreement (Perjanjian Pengikatan Jual Beli/PPJB). PPJB is a form of
preliminary agreement that regulates the rights and obligations of both parties before the
official sale and purchase deed is executed. This document is usually drafted before a notary
public to provide legality and legal protection for both parties in the transaction. This
agreement provides clarity regarding the initial agreement, including the price, payment
terms, and time of execution of the AJB.
PPJB is often drafted to allow time for the buyer to complete certain obligations, such
as payment settlement, fulfilment of administrative requirements, or completion of the credit
process at the bank. In this case, the PPJB serves as a warranty that the buyer's rights to the
property in question are legally guaranteed even though the AJB has not yet been made. On
the other hand, the seller also gains certainty that the property will be purchased by the buyer
within a predetermined period of time.
Moreover, the PPJB also binds both parties not to take measures that are detrimental to
the other party. For example, the seller is not allowed to resell the property to another party
while this agreement is still in effect. Similarly, the buyer cannot transfer his rights to a third
party without the consent of the seller. This keeps the transaction protected and fair for both
parties.
In practice, PPJB has a crucial position in property sale and purchase transactions in
Indonesia, especially in housing projects built by developers. Given that the process of
building a house often requires a long time, PPJB is often used to provide certainty to the
buyer that the property they ordered will be handed over once the construction is completed.
This is especially important for a buyer who purchases a house in a housing project that has
not been fully completed.
1 Ana Silviana, Khairul Anami, and Handojo Djoko Waloejo, "Memahami Pentingnya Akta Jual Beli (AJB)
Dalam Transaksi Pemindahan Hak Atas Tanah Karena Jual Beli Tanah," Law, Development and Justice Review
3, no. 2 (2020): 191–195, https://doi.org/10.14710/ldjr.v3i2.9523.
Notary Journal Volume 4, Nomor 2, October 2024
101
In addition, PPJB is also often opted for in cases where there are administrative or legal
obstacles that prevent AJB from being drawn up immediately. For example, the status of the
land certificate is still in process or the property has not yet been split into saleable individual
units. In these situations, PPJB provides a temporary solution to enable the transaction to
proceed even though the formal legal process has not been completed.
PPJB typically also specifies clauses that regulate various eventualities that may occur
during the term of the agreement. For example, in the event of default by the buyer or delay
in project completion by the developer, both parties will have an established legal reference
to resolve the dispute. This adds a sense of security for both parties in carrying out the
agreement.
Although PPJB offers many benefits, it is imperative for the parties involved to clearly
understand the contents of this agreement before they sign it. Each article and provision must
be fully understood so as not to cause problems in the future. Therefore, the role of a notary
is crucial in providing explanations and ensuring that the PPJB is drafted in accordance with
applicable laws and the interests of both parties are protected.
PPJB is a form of agreement that is frequently used in the practice of property sale and
purchase, but in specific, PPJB is not regulated in laws and regulations. The absence of a
specific regulation regarding PPJB raises questions about its legal position, especially in
relation to agrarian and notarial law in Indonesia. The Basic Agrarian Law (Undang-Undang
Pokok Agraria/UUPA), the legal basis for agrarian affairs in Indonesia, 2 does not provide
specific arrangements regarding PPJB. This leaves the PPJB without a clear legal basis in the
context of agrarian law.
In addition, the Law on Notary Profession (Undang-Undang Jabatan Notaris/UUJN)
which regulates the duties and authority of notary also does not provide specific rules related
to PPJB. In practice, notaries are often engaged in making PPJB, but the role of the notary is
more as a party that facilitates the agreement, not as a regulator of the substance of the PPJB
itself. The absence of PPJB regulation in UUJN highlights that this legal instrument is not
explicitly recognised by the law governing the notary position.
Nevertheless, PPJB remains valid and enforceable since the agreement is fully based on
the principles of agreement law regulated in the Civil Code (Kitab Undang-Undang Hukum
2 Fatmie Utari and Haifa Hasna, "Perlindungan Hukum Bagi Pihak Pembeli Dalam Perjanjian Pengikatan Jual
Beli yang Tidak Terlaksanya Akta Jual Beli Akibat Penolakan dari Sebagian Ahli Waris Pihak Penjual
Berdasarkan Kitab Undang-Undang Hukum Perdata," Jurnal Poros Hukum Padjadjaran 1, no. 2 (2020): 191–
209, https://doi.org/10.23920/jphp.v1i2.247.
Notary Journal Volume 4, Nomor 2, October 2024
102
Perdata/KUH Perdata).3 According to the Civil Code, an agreement that is legally executed
by the parties and fulfils the legal requirements of an agreement is binding and has the force
of law governing the parties that make it. Therefore, even though it is not specifically
regulated in the Basic Agrarian Law or the Notary Profession Law, PPJB is still considered
valid to the extent that it fulfils the provisions of the agreement in the Civil Code.
In the context of contract law, the conditions for a valid agreement include an
agreement between the parties, the capacity to enter into an agreement, a clear object, and a
lawful cause. If all of these conditions are met, then PPJB can be considered a valid
agreement according to the law. This ensures legal certainty for the parties involved in the
PPJB, even though it is not specifically regulated by other laws.
PPJB is often used in the sale and purchase of property before the ownership certificate
is transferred. In this process, PPJB serves as a form of initial agreement between the seller
and buyer regarding the price, payment, and rights and obligations of each party. Because it is
based on the principles of agreement law, PPJB can serve as a legal tool to bind the parties
until the sale and purchase process is completed and the certificate of ownership is
transferred.
One of the reasons why PPJB is not specifically regulated in the Basic Agrarian Law or
the Notary Profession Law is because the nature of PPJB is a private agreement between two
parties. This is in contrast to the land certificate issued by the National Land Agency (Badan
Pertanahan Nasional/BPN), which is an official state document. Therefore, the regulation of
PPJB is left to the agreement between the parties based on civil law.
Nonetheless, in practice, PPJB can be problematic in the event of a dispute between the
seller and the buyer. Because PPJB is not specifically regulated in legislation, dispute
resolution involving PPJB often has to go through civil law channels. The judge will assess
whether or not the agreement is valid based on the terms of the agreement in the Civil Code
and general principles of agreement law.
For property buyers, it is vital to understand that a PPJB only provides limited legal
protection compared to a notarised AJB that is officially recognised by the state. Therefore,
although PPJB is valid under the law of agreements, legal risks remain especially if the
property ownership certificate has not officially changed hands.
In the face of this situation, many parties use PPJB as a first step before conducting a
legal sale and purchase under agrarian law. Although PPJB has no specific regulation in
3 Rona Swastika, Analisis Yuridis Perjanjian Pengikatan Jual Beli (PPJB) Tanah Ditinjau Dari Perspektif Kitab
Undang-Undang Hukum Perdata (doctoral dissertation, Universitas Muhammadiyah Surakarta, 2021),
https://eprints.ums.ac.id/91122/.
Notary Journal Volume 4, Nomor 2, October 2024
103
agrarian or notarial law, it remains an essential instrument in the process of property sale and
purchase in Indonesia. This showcases the flexibility of agreement law in accommodating
people's needs, even though there is no specific regulation from the government regarding
PPJB.
To conclude, although PPJB is not specifically regulated in laws and regulations,
because it is based on the Civil Code, this agreement still has binding legal force. The
principles of agreement law provide a strong basis for PPJB to function in property sale and
purchase transactions, but it is vital for parties to understand the limitations and risks
associated with the use of PPJB.
The term PPJB is a concept that has been recognised in Indonesian regulations,
specifically through Government Regulation (Peraturan Pemerintah/PP) No. 14 of 2016 on
the Implementation of Housing and Settlement Areas. PPJB has a crucial role in the property
sector, especially in the process of property sale and purchase transactions conducted before
the final agreement. This term is used to describe the initial binding agreement between
prospective buyers and developers or home builders.
Government Regulation No. 14 of 2016 affirms that PPJB is part of the property
marketing process carried out by the developer to prospective buyers.4 In this context, PPJB
provides legal protection for both parties prior to the final AJB. This arrangement is crafted to
maintain a balance of interests between the developer and the consumer, given the nature of
property transactions that involve large financial commitments.
PPJB is a widely adopted solution in the property industry as the construction process
of a house is often not complete by the time a prospective buyer wants to make a purchase.
With PPJB, prospective buyers can ensure the certainty of rights to the desired property even
though the physical building has not been completed. The developer also benefits because
with this initial agreement, they can get capital from prospective buyers to continue the
construction process.
As a preliminary agreement, PPJB typically includes various important provisions that
will serve as a reference for the final agreement in the form of AJB. These provisions include,
among others, the sale and purchase price of the property, the period of completion of the
construction, and the rights and obligations of both parties. PPJB also provides legal
protection for prospective buyers in the event that the developer does not fulfil the agreed
obligations.
4 Arivan Halim, "Kedudukan Perjanjian Pengikatan Jual Beli (PPJB) yang Dibuat Pengembang Dalam Pre
Project Selling," Justice Voice 1, no. 2 (2022): 53–69, https://doi.org/10.37893/jv.v1i2.192.
Notary Journal Volume 4, Nomor 2, October 2024
104
PPJB differs from AJB, where AJB is the final document that marks the legal transfer
of property ownership from the developer to the buyer. PPJB, on the other hand, is still a
binding agreement that is temporary in nature and provides assurance that the property will
belong to the buyer once all conditions are fulfilled. As such, PPJB provides legal certainty
prior to the final agreement.
In practice, PPJB is often used for property transactions where the development is still
under construction or has not even started. This enables developers to sell property units
earlier and provides an opportunity for buyers to get a more affordable price. However, it is
important for prospective buyers to clearly understand the contents of the PPJB, including the
rights and obligations listed in it.
PPJB also include various dispute resolution mechanisms in case one party fails to fulfil
its obligations. For example, if the developer fails to complete the construction within the
agreed time, the prospective buyer retains the right to demand a refund or compensation. Vice
versa, if the buyer is unable to make payments in accordance with the agreement, the
developer reserves the right to cancel the agreement.
Since the implementation of Government Regulation No. 14 of 2016, regulations
regarding PPJB have brought better legal certainty for property business players and
consumers. This is consistent with the government's main objective to provide protection to
consumers in the housing sector. Through this regulation, prospective buyers have greater
confidence in conducting property transactions, which is expected to boost the growth of the
housing industry in Indonesia.
The importance of understanding the role of PPJB in property transactions is to prevent
potential buyers from suffering future losses. Many disputes that occur in the property sector
are caused by a lack of understanding of the contents of PPJB agreements. Therefore,
prospective buyers are advised to consult with a legal expert or a notary prior to signing the
PPJB in order to get a clear picture of the rights and obligations that will be assumed.
PPJB is one of the first steps in the land sale and purchase process, but it is essential to
note that PPJB is not a final agreement. It is only a temporary document which has no final
legal force like AJB. Therefore, even though the PPJB has been made, the landowners still
hold the legal rights to the ownership of the land. This means that as long as there is no AJB
signed and processed, the land ownership rights have not transferred from the seller to the
buyer.
In such context, the absence of transfer of title means that the process of transferring the
title to the land cannot be carried out. The transfer of title is an important step to formally
Notary Journal Volume 4, Nomor 2, October 2024
105
record the change of ownership in a recognised legal document, so without AJB, a formal
transfer of title is not possible. This highlights that PPJB, while important, does not
necessarily complete the entire legal process required for the transfer of land rights.
This situation opens up the possibility for the landowners to enter into PPJB with other
third party. In this case, landowners can enter into agreements with other parties without any
legal consequences for them, as long as no AJB has been signed. In other words, as long as
the legal process is incomplete, the landowners still retain the right to enter into similar
transactions with other parties, which may cause uncertainty for the buyer who has entered
into PPJB beforehand.
This practice of making multiple PPJB can be potentially detrimental to the community.
When a landowner enters into multiple PPJB with more than one party, the risk of land
ownership disputes increases. This can lead to conflicts between buyers who assume they
already have rights under their PPJB and other parties who also assume they have the same
rights under their PPJB. This situation will certainly have a negative impact on the legal
certainty and security of land sale and purchase transactions.
To prevent such practices, effective preventive measures are needed. The government
and relevant institutions should conduct strict supervision of the making of PPJB and the
process of transferring land rights. In addition, educating the public on the importance of final
agreements such as AJB and the risks that may arise from double PPJB is essential to raise
awareness and prevent unwanted losses in the future.
The main objective of this research is to develop a system framework for electronic
registration of PPJB. This system requires every PPJB deed drafted by Notary to be
registered at BPN Office. This initiative aims to increase transparency and accountability in
the PPJB drafting process, as well as to ensure that all agreements entered into are properly
recorded in a centralised system.
This electronic registration is expected to fulfil the principle of publication (publicity),
which is an important principle in the land system. The centralised registration at BPN is
expected to not only ease the public's access to information related to land agreements, but
also to prevent the creation of multiple or repeated PPJB by developers. This is critical to
avoid potential legal disputes or ownership conflicts that could arise due to duplication of
agreements.
To achieve these goals, this registration system requires a mechanism that forces every
Notary to access the PPJB registration data at the BPN office before drawing up a new PPJB
deed. This step serves as an initial filter to identify whether the land or building object
Notary Journal Volume 4, Nomor 2, October 2024
106
concerned is already bound by a previously registered PPJB. In this way, the Notary can
prevent the making of PPJB deeds that have the potential to duplicate or conflict with
existing agreements.
This process will ensure that every PPJB deed issued has a clear and detailed record in
the BPN system. The implementation of this registration system also provides additional
assurance that the agreement made will not cause legal problems in the future. In addition,
with integrated registration, information on the legal status of land or building objects will be
more accessible to all interested parties.
The implementation of the PPJB electronic registration system in BPN aims to
strengthen the integrity and reliability of the PPJB deed making process. By ensuring every
deed is officially registered and utilising a centralised information system, this research is
expected to reduce the risk of conflict and provide legal certainty for parties involved in
property sale and purchase transactions.
This research adopts a normative juridical method supported by an empirical juridical
approach. The normative juridical method focuses on the study of applicable legal norms,
both those contained in legislation and in relevant legal doctrines. Meanwhile, the empirical
juridical approach is used to complement normative studies with field data relating to the
implementation of law in society.
Normative juridical as the main approach in this research, seeks to explore, analyse, and
interpret applicable legal norms. The focus is on written regulations that form the basis of law
in Indonesia. In the context of this research, relevant regulations are to be used as a reference
in understanding the legal phenomena being studied. The empirical juridical approach is used
to support the normative method, where empirical data from the field is collected and
analysed to see how legal norms are implemented in practice. This approach enables
researchers to link legal theory with existing social realities, so as to provide a more
comprehensive picture of the legal phenomena that occur.
Primary legal materials used in this research consist of laws and regulations applicable
in Indonesia. These materials include laws, government regulations, regional regulations, as
well as other regulations related to the research topic. These primary legal materials serve as
the main source in normative analysis to assess how the law is formally regulated. In addition
to primary legal materials, this research also utilises secondary legal materials as support.
Secondary legal materials include legal literature, scientific articles, journals, and other legal
documents that can shed more light on legal interpretation and application. These secondary
Notary Journal Volume 4, Nomor 2, October 2024
107
sources also include the opinions of legal experts who provide theoretical or conceptual
perspectives on the legal issues being researched.
B. Discussion
According to Government Regulation No. 14 of 2016, PPJB is an agreement that binds
both parties in a sale and purchase transaction, in which the buyer and seller agree to carry
out agreed obligations before the title to the object is officially transferred. PPJB is generally
used in property transactions or goods whose handover process takes time, such as houses or
apartments. In this Government Regulation, it is stated that the signing of a PPJB is done
when the object being bought and sold has not fulfilled certain requirements for the legal sale
and purchase process. Therefore, PPJB serves as a temporary binder until the legal sale and
purchase process is completed.
PPJB is often used in property transactions, especially for houses or apartments that are
still under construction. Its purpose is to provide assurance to the buyer that the property will
become his or her property once the construction process is completed and all conditions are
met. It also provides security for the developer or seller that the buyer has agreed to purchase
the property. In PPJB, both the buyer and seller have certain obligations that must be fulfilled
before the signing of AJB, such as instalment payments and administrative settlements.
PPJB has several benefits. One of them is that it provides flexibility for both parties in
organising the timing of the official sale and purchase, especially when there is still a
construction process or documents that are not yet complete.5 PPJB also reduces the risk of
fraud, as this agreement is made legally and can be used as a legal basis if one party does not
fulfil its obligations.6 In addition, PPJB allows the buyer to secure his or her rights to a
property that has not yet been completed.
In the world of property, PPJB is considered a crucial legal instrument. This is because
property is often not immediately transferable when a sale and purchase agreement is made,
especially if the object is still under construction. Through PPJB, the seller commits to
handing over the object of sale and purchase once all the conditions are fulfilled, while the
buyer also commits to making payments in stages according to the agreement.
5 Ayuni Sri Wahyuni, Kedudukan Hukum Atas Surat Perjanjian Jual Beli Tanah Bersertipikat Lunas Dibawah
Tangan (doctoral dissertation, Universitas Islam Sultan Agung Semarang, 2024),
http://repository.unissula.ac.id/35244/1/Magister%20Kenotariatan_21302000090_fullpdf.pdf.
6 Niswatin Khoiriyah and Bambang Arwanto, "Aspek Legal dan Ekonomis dari Perikatan Jual Beli dalam
Penyelesaian Hutang," Politika Progresif: Jurnal Hukum, Politik dan Humaniora 1, no. 3 (September 2024):
299–309, https://doi.org/10.62383/progres.v1i3.563.
Notary Journal Volume 4, Nomor 2, October 2024
108
PPJB provides legal protection for the buyer before formal ownership of the property
transfers. With this agreement, the buyer has the certainty that he will get the ownership
rights after all obligations are fulfilled. This is especially important in property transactions
with large values and long completion periods. With PPJB, the buyer does not have to worry
about losing his rights to a property that has already been partially paid for.
For PPJB to be considered valid and have legal force, this agreement must fulfil certain
conditions stipulated in the laws and regulations. Some of these conditions include an
agreement between the seller and the buyer, a clear object, and obligations that must be
fulfilled by both parties. In addition, this agreement usually must also be made in writing and
signed by both parties with valid witnesses.
A Sale and Purchase Binding Agreement (PPJB) is often misunderstood as a Sale and
Purchase Deed (AJB). However, the two have a fundamental difference. PPJB is a
preliminary agreement that binds the two parties before the official sale and purchase process
takes place, while AJB is a legal document that states that the ownership of the property has
officially transferred from the seller to the buyer. AJB is usually signed in front of PPAT
after all requirements have been met, including payment and completion of administrative
documents.
PPJB is an essential instrument in the property transaction process that involves
unfinished construction or administrative requirements.7 According to them, this agreement
provides legal protection for both parties, especially in transactions that take a long time to
complete. Suggested that the PPJB be drafted clearly and in detail to avoid future disputes.8
While PPJB provide certainty for both parties, it also carries risks, especially if one
party does not fulfil its obligations. For example, the seller may not complete the construction
on time or the buyer may fail to make payments as scheduled. In these circumstances, PPJB
can become a source of conflict, which is usually resolved through legal channels. Therefore,
it is crucial for both parties to understand the contents of the PPJB thoroughly before signing
it.
PPJB is often considered as an effective alternative solution in property transactions
that are not yet ready for full legal execution. With PPJB, the sale and purchase process can
be staged, allowing both the seller and buyer to fulfil their obligations without having to wait
for all legal requirements to be completed. This renders property transactions more flexible
7 Gunawan Widjaja and Samsuto, "Analisis Ketentuan Perjanjian Pengikatan Jual Beli (PPJB) Dalam Perspektif
Hukum Perdata: Tinjauan Terhadap Aspek Keabsahan Dan Penyelesaian Sengketa," Sinergi: Jurnal Riset
Ilmiah 1, no. 4 (2024): 252–260, https://doi.org/10.62335/psn0p742.
8 N. T. Salsabila, Kekuatan Hukum Perjanjian Pengikatan Jual Beli (PPJB) Dibuat Di Bawah Tangan Sebagai
Jaminan Kredit Pemilikan Rumah (doctoral dissertation, Universitas Muslim Indonesia, 2022).
Notary Journal Volume 4, Nomor 2, October 2024
109
and can be accomplished more easily, especially in conditions where construction is still
ongoing or ownership documents are not fully ready.
A fact and phenomenon that often transpires in practice in the field is the making of
multiple PPJB by landowners or developers. This multiple PPJB refers to a situation where a
landowner or developer enters into a sale and purchase agreement for the same piece of land
or property with more than one buyer. This often leads to legal conflicts in the future,
especially when the buyer feels they have exclusive rights to the land but then discovers that
the same land has been tied up with another party through PPJB.
This multiple PPJB often occurs due to the developer's need to immediately obtain
funds from prospective buyers even though the ownership status or land certification is not
yet fully clear. In addition, the buyer's ignorance or lack of caution in checking the legality
and history of the property also contributes to the risk of multiple PPJB. This phenomenon
can lead to losses for buyers, such as uncertainty over land ownership and difficulties in
obtaining a valid certificate of ownership. In some cases, aggrieved buyers have taken the
case to law to obtain justice and certainty of their rights.
For example, the Supreme Court has handled a similar case through Decision Number
303 K/Pdt/2015, where the first buyer who felt aggrieved filed a lawsuit against the developer
due to the multiple PPJB issued to another party. In the judgement, the Supreme Court stated
that the developer's act of issuing multiple PPJB for the same object was a form of unlawful
act. The court also ordered the developer to cancel the PPJB that had been issued to the
second party and recognise the first buyer's rights.
Another example is the South Jakarta District Court Decision No. 697/Pdt.G/2018/PN
Jkt.Sel, in which the court stated that the developer's multiple PPJB with two different buyers
was a violation of the principle of legal certainty. In this decision, the court ordered the
developer to cancel the agreement with the second buyer and return the land ownership rights
to the first buyer who had already entered into a sale and purchase binding.
These decisions demonstrate the importance of caution for both buyers and developers
in making PPJB and stress the role of notary in ensuring that PPJB do not become duplicative
to ensure legal certainty for the parties.
B.1 Legal Relationship of Land Ownership Bound by PPJB
In the context of agrarian law in Indonesia, PPJB is one of the first stages in the process
of buying and selling land or property. PPJB is normally used when the land or property
certificate cannot yet be transferred to the buyer, such as when the payment has not yet been
Notary Journal Volume 4, Nomor 2, October 2024
110
paid or the certificate is still in the process of being made. However, what is important to
understand is that despite the existence of PPJB, the ownership status of the land or property
is still in the hands of the seller, landowner or developer. This means that the buyer does not
yet have full ownership rights to the land or property.
Since the ownership status of the land or property is still in the hands of the seller or
developer, the buyer only has rights based on the PPJB as the initial proof of the sale and
purchase commitment. However, the buyer does not yet have the full right to control or
manage the land until the title transfer and payment are completed. PPJB often binds both
parties in the sale and purchase process to ensure that once all conditions are met, the title can
be transferred to the buyer. However, it is imperative to understand the legal risks associated
with PPJB.
One of the main risks to be aware of when using PPJB is the potential for repeating
PPJB or even multiple PPJB. This can happen when a seller or developer enters into a similar
agreement with another party without the knowledge of the original buyer. In this case, the
seller may use the services of a different notary to make a new PPJB with another buyer,
creating a situation of legal conflict as to who is the legal owner of the property. This could
cause the original buyer to lose their rights despite having a PPJB.
The practice of multiple PPJB can cause great harm to the buyer, both financially and
emotionally. Initial buyers who were confident that they would gain ownership of the
property can feel aggrieved when they discover that the same property has been sold to
another party. In this situation, the legal process can be complicated and often requires court
intervention to determine who is the rightful owner of the land or property. This leads to legal
uncertainty for all parties involved.
This multiple PPJB case also demonstrates the critical role of notary in any property
sale and purchase transaction. Notaries are responsible for ensuring the validity of documents
and agreements, as well as verifying that the property being sold is not under dispute or not
sold to another party. However, in some cases, different notaries may not communicate with
each other, which allows for multiple PPJB. Therefore, buyers should take care to choose a
trustworthy notary and ensure that the sale and purchase process is conducted transparently.
A relevant case study regarding multiple PPJB has occurred in Jakarta, where a
property developer sold the same apartment unit to two different buyers. The two buyers
signed the PPJB with two different notaries, which resulted in a legal dispute. The court
eventually ruled that the first buyer who made full payment and had proof of a valid PPJB
Notary Journal Volume 4, Nomor 2, October 2024
111
was the legal owner of the apartment unit. This case highlights the importance of thorough
verification before entering into a PPJB.
In another similar case, which occurred in Surabaya, a land seller signed a PPJB with
two buyers at almost the same time. The two PPJB were drafted with two different notaries,
and both buyers claimed to be the legal owners of the land. The case eventually went to court,
and after a lengthy legal process, the judge decided to cancel the latter PPJB as it was deemed
unauthorised. This decision underscores the importance of ensuring that the PPJB process is
done correctly from the start.
To avoid multiple PPJB issues, parties involved in a land or property sale and purchase
transaction should be more vigilant and pay attention to every detail in the legal process.
Buyers should ensure that the land or property they are about to purchase is not under dispute
or not sold to another party by checking the property's history through a notary or authorised
institution. This will help avoid potential future conflicts.
In addition, buyers should also request for the land or property certificate to be
transferred immediately after the PPJB is executed and payment is made. This will speed up
the ownership transfer process, minimising the risk of multiple PPJB. Thus, ownership rights
can be legally transferred immediately to the buyer, providing stronger legal certainty.
In a land or property sale and purchase transaction, legal clarity is essential to protect
the buyer's rights. Therefore, the roles of the notary, developer and seller must be carefully
considered. Choosing a competent notary, as well as conducting a thorough check on the
status of the land or property before signing the PPJB can help mitigate risks that may arise
and ensure that the sale and purchase process takes place in a safe and transparent manner.
B.2 Regulations and Legal Systems that can Guarantee Legal Certainty for the Use of
PPJB Legal Instruments
In the context of agreement law, PPJB is often used as a legal instrument that precedes
the final sale and purchase agreement. However, because PPJB is not specifically regulated in
the laws and regulations, there is a legal vacuum that can create uncertainty for the parties
involved in the transaction. This renders the PPJB vulnerable to various interpretations that
could jeopardise the interests of one of the parties.
This legal vacuum demands a regulation that explicitly regulates the use of PPJB as a
legal instrument. With specific regulations, the government can guarantee legal certainty to
parties using PPJB, so that their rights and obligations can be properly protected. Without
clear regulations, the potential for legal disputes between sellers and buyers could increase.
Notary Journal Volume 4, Nomor 2, October 2024
112
Therefore, it is very vital for the government to build a legal system that can provide
certainty for all parties using PPJB. This system must ensure that agreements entered into
through PPJB have a strong legal basis and are not easily cancelled or disputed. In this
context, a structured and organised legal system is needed.
One solution to ensure legal certainty over the use of PPJB is through the provision of
an official registration system that is recognised by the state. This registration system will not
only recognise the existence of PPJB as a valid legal instrument but also provide legal
protection for the parties involved. This system will help reduce potential disputes that may
arise due to the unclear legal status of the agreement.
BPN, as the government agency responsible for land affairs, can be mandated to
manage PPJB registration. As an institution that has authority in land matters, BPN has the
capability to create and manage a system that supports PPJB registration. With official
registration, the status of the PPJB will be clearer and legally protected.
In the current era of digitalisation, PPJB registration can be undertaken electronically.
An electronic registration system will provide many benefits, including ease of access, speed
of process, and better transparency. With a technology-based system, the entire registration
process can be done online, thereby reducing the potential for administrative errors and
speeding up the verification process.
The electronic registration system should also be designed to be accessible to all
interested parties, including sellers, buyers, and relevant authorities. This ease of access is
very crucial to ensure that all parties can monitor the status of their PPJB in real time, so that
no party is disadvantaged due to lack of information.
In addition to being accessible, the registration system must also be reliable in ensuring
the validity and legality of each PPJB registered. A reliable system will provide a sense of
security for parties using PPJB, as they know that their agreement is officially recorded and
has the same legal force as a completed sale and purchase agreement.
Through electronic registration of PPJB, the government can also improve efficiency in
managing land documents. With a centralised and digital system, all information related to
the PPJB can be accessed easily by authorised parties, so that the document verification and
validation process can run faster and more accurately. This will also contribute to reducing
the administrative burden on the land office.
Ultimately, the creation of regulations and an electronic PPJB registration system
managed by BPN will provide a stronger guarantee of legal certainty for parties involved in
property sale and purchase agreements. With an accessible and reliable system in place, the
Notary Journal Volume 4, Nomor 2, October 2024
113
use of PPJB as a legal instrument can be recognised and respected, and provide the necessary
legal protection for the parties.
The Sale and Purchase Binding Agreement (PPJB) Registration System has several
important benefits and purposes in property sale and purchase transactions. Here are some of
the main points:
1. Benefits and Objectives of the PPJB Registration System
The Sale and Purchase Binding Agreement (PPJB) Registration System is
instrumental in maintaining legal certainty in property transactions. PPJB binds the
agreement between the prospective seller and buyer,9 ensuring both parties are
bound to proceed with the transaction as per the original agreement. This provides
strong legal protection and avoids disputes or unilateral cancellations.10
Besides being a binding tool, PPJB also helps reduce risks in the buying and
selling process.11 Normally, PPJB is accompanied by a down payment as proof of
the buyer's seriousness, which directly reduces the risk for the seller. With a binding
agreement, the seller will be more secure in conducting transactions and avoid
potential fraud.12
The PPJB registration process at the Land Bureau provides a stronger legal
basis for the transfer of property rights, thus expediting the transaction before the
AJB is finalised. This registration also mitigates the risk of conflicts arising with
third parties, for example in the case of duplication of agreements. As such, PPJB
serves an important role in maintaining the security and smoothness of property
transactions.13
9 Made Ara Denara Asia Amasangsa and I Made Dedy Priyanto, "Perjanjian Pengikatan Jual Beli (PPJB) dalam
Transaksi Peralihan Hak Atas Tanah dan/atau Bangunan," Jurnal Hukum 8, no. 1 (2019): 1–18,
https://ojs.unud.ac.id/index.php/kerthasemaya/article/view/55865.
Pashouses, "Mengenal PPJB dalam Jual Beli Rumah dan Contoh Dokumennya," Pashouses, June 17, 2022,
https://pashouses.id/pages/panduan/menjual-rumah/ppjb-adalah-dokumen-jual-beli-properti/.
Wilson Pompana, "Mengenal Apa Itu PPJB dalam Proses Jual Beli Tanah," Hukum Online, September 14, 2023,
https://www.hukumonline.com/klinik/a/PPJB-dalam-proses-jual-beli-tanah-lt6086d9ebd6b6d/.
10 Pashouses, Loc. cit.;
Helmi Romadhoni, "Fungsi dan Peran PPJB Dalam Transaksi Jual Beli Tanah dan Bangunan," Inanews, March
20, 2020, https://www.inanews.co.id/2020/03/fungsi-dan-peran-ppjb-dalam-transaksi-jual-beli-tanah-dan-
bangunan/.
11 Made Ara Denara Asia Amasangsa and I Made Dedy Priyanto, Loc. cit.;
Septian Nugraha, "Perbedaan PPJB dan AJB: Pengertian, Fungsi, hingga Cara Membuatnya," Rumah 123,
accessed September 12, 2024, https://www.rumah123.com/panduan-properti/ppjb-dan-ajb/.
12 Dwijaya Karya Development, "Apa itu PPJB Apartemen? Serta Perbedaannya dengan AJB," Dwijaya Karya
Development, June 6, 2024, https://dwijayakarya.com/pengertian-ppjb-apartemen/.;
Septian Nugraha, Loc. cit.
13 Made Ara Denara Asia Amasangsa and I Made Dedy Priyanto, Loc. cit.
Notary Journal Volume 4, Nomor 2, October 2024
114
2. Theory of Legal Certainty
The theory of legal certainty is a fundamental concept in the study of law that
relates to the stability and predictability of the legal system.14 Legal certainty stresses
the importance of clear and consistent rules, so that people can anticipate the legal
consequences of their actions. The theory is rooted in the principle that laws should be
applied objectively and invariably, so that individuals can be assured of their rights
and obligations.
Essentially, legal certainty theory argues that good law is predictable and
consistently applied. This means that laws and regulations ought to be clearly written
and be understood by the general public. With legal certainty, individuals and
businesses can plan their activities without fear of unexpected changes or arbitrary
enforcement.
One important figure in the theory of legal certainty is Jeremy Bentham, who
argued that laws should be designed to provide certainty and order. Bentham argued
that clear and consistent laws would reduce uncertainty and prevent abuse of power.15
This concept was later expanded by John Austin who put forward the theory of legal
positivism, which emphasises the importance of clear legal rules and systematic
application.16
In practice, legal certainty is also related to human rights. With the rule of law,
individuals have protection against possible abuse by the government or other parties.
Legal certainty helps ensure that the rights of individuals are respected and protected
in accordance with applicable legal provisions.
However, implementing legal certainty is not always simple. Sometimes, there
is a conflict between legal certainty and justice. In some cases, the rigid rule of law
may not always reflect the values of justice that society desires. Therefore, it is
important to balance between the need for certainty and the need for legal flexibility.
14 Isharyanto, Teori Hukum: Suatu Pengantar Dengan Pendekatan Tematik (Yogyakarta: Penerbit WR, 2016).
15 M. Yusuf Hijriani, Winner A. Siregar, and Sopian, "Perkembangan Teori Penegakan Hukum dalam
Perwujudan Fungsi Norma di Masyarakat," Sultra Research of Law 5, no. 2 (2023): 58–65,
https://doi.org/10.54297/surel.v5i2.62.
16 Nadia Mardesya and Rasji, "Tinjauan Mendalam tentang Filsafat Hukum: Mengurai Akar Pemikiran di Balik
Sistem Hukum," Journal on Education 6, no. 1 (2023): 10190–10200,
https://jonedu.org/index.php/joe/article/view/4715.
Notary Journal Volume 4, Nomor 2, October 2024
115
The theory of legal certainty is a crucial aspect of the legal system that aims to
provide stability and clarity.17 Through in-depth exploration and study of legal
certainty, it is hoped that we can identify ways to improve and refine our legal system.
Good legal certainty contributes to a more just and orderly society, where rights and
obligations are clearly and consistently regulated.
3. Required PPJB Registration System
The centralised PPJB (Sale and Purchase Binding Agreement) registration
system at BPN (National Land Agency) adopts a centralised model, allowing access
from anywhere and anytime by Notary or interested parties. With this electronic
system, the registration process can be conducted more efficiently and transparently.
Notary involved in making PPJB are required to conduct registration within a
maximum of six working days after the PPJB deed is drafted. This aims to ensure that
the registration is done in a timely manner and the official document is registered in
the system.
The registration procedure involves inputting key data that includes the object of
PPJB, the location of the land, the name of the Notary, as well as the date of the PPJB.
This process helps in systematically organising and documenting information relevant
to the PPJB. In addition, registration fees are charged rationally and proportionally to
the Notary who drafts the PPJB, ensuring that the cost burden is borne fairly in
accordance with the services provided.
Once the relevant sale and purchase transaction is finalised with AJB, the PPJB
registration must be requested to be deleted from the system. This deletion can be
requested by the Notary who made the AJB no later than six working days after the
transaction is completed. The legal basis for the development of an electronic PPJB
registration system may be set out in a Regulation of the Minister of Agrarian and
Spatial Planning or the National Land Agency, which provides the legal framework
for the implementation of this system.
C. Conclusion
In terms of legal substance, Sale and Purchase Binding Agreements (PPJB) often does
not have a strong legal basis. This is because there is no specific regulation that explicitly
17 Nola Listi Fitriani, "Pengaruh Profesionalisme dan Integritas Kepolisian terhadap Efektivitas Penegakan
Hukum di Indonesia Berdasarkan Undang-Undang No. 02 Tahun 2002," Causa: Jurnal Hukum dan
Kewarganegaraan 6, no. 6 (2024): 1–10, https://doi.org/10.3783/causa.v6i6.6288.
Notary Journal Volume 4, Nomor 2, October 2024
116
regulates PPJB as a legal instrument. Nevertheless, business actors, including developers,
landowners, and prospective land buyers, require PPJB as a preliminary legal instrument.
PPJB serves as a temporary basis for the sale and purchase bond until a valid Sale and
Purchase Deed is issued by a Notary. With the PPJB, both parties get legal certainty over the
transaction to be carried out, although legally the PPJB itself does not yet have the same
power as an official Sale and Purchase Deed.
In practice, there is potential for fraudulent actions that can harm the parties involved.
One form of unethical practice that may occur is the making of multiple PPJB by landowners
or developers. This action can take the form of making a second or even third PPJB for the
same land object, through a different Notary. This situation has the potential to cause legal
disputes and conflicts of interest, given that several parties may have overlapping claim rights
over the same land. This kind of practice can certainly harm the public and create legal
uncertainty in land sale and purchase transactions.
REFERENCES
Legislative Regulations
Kitab Undang-Undang Hukum Perdata [Indonesian Civil Code].
Law Number 5 of 1960 on Basic Agrarian Law. State Gazette of the Republic of Indonesia of
1960 Number 104, Supplement to the State Gazette of the Republic of Indonesia
Number 2043.
Law Number 2 of 2014 on Amandments of Law Number 30 of 2004 on Notary Profession.
State Gazette of the Republic of Indonesia of 2014 Number 3, Supplement to the State
Gazette of the Republic of Indonesia Number 5491.
Government Regulation Number 14 of 2016 on the Implementation of Housing and
Settlement Areas. State Gazette of the Republic of Indonesia of 2016 Number 101,
Supplement to the State Gazette of the Republic of Indonesia Number 5883.
Books
Isharyanto. Teori Hukum: Suatu Pengantar Dengan Pendekatan Tematik. Yogyakarta:
Penerbit WR, 2016.
Scientific Journals
Amasangsa, Made Ara Denara Asia, and I Made Dedy Priyanto. "Perjanjian Pengikatan Jual
Beli (PPJB) dalam Transaksi Peralihan Hak Atas Tanah dan/atau Bangunan." Jurnal
Hukum 8, no. 1 (2019): 1–18.
https://ojs.unud.ac.id/index.php/kerthasemaya/article/view/55865.
Notary Journal Volume 4, Nomor 2, October 2024
117
Fitriani, Nola Listi. "Pengaruh Profesionalisme dan Integritas Kepolisian terhadap Efektivitas
Penegakan Hukum di Indonesia Berdasarkan Undang-Undang No. 02 Tahun 2002."
Causa: Jurnal Hukum dan Kewarganegaraan 6, no. 6 (2024): 1–10.
https://doi.org/10.3783/causa.v6i6.6288.
Halim, Arivan. "Kedudukan Perjanjian Pengikatan Jual Beli (PPJB) yang Dibuat
Pengembang Dalam Pre Project Selling." Justice Voice 1, no. 2 (2022): 53–69.
https://doi.org/10.37893/jv.v1i2.192.
Hijriani, M. Yusuf, Winner A. Siregar, and Sopian. "Perkembangan Teori Penegakan Hukum
dalam Perwujudan Fungsi Norma di Masyarakat." Sultra Research of Law 5, no. 2
(2023): 58–65. https://doi.org/10.54297/surel.v5i2.62.
Khoiriyah, Niswatin, and Bambang Arwanto. "Aspek Legal dan Ekonomis dari Perikatan
Jual Beli dalam Penyelesaian Hutang." Politika Progresif: Jurnal Hukum, Politik dan
Humaniora 1, no. 3 (September 2024): 299–309.
https://doi.org/10.62383/progres.v1i3.563.
Mardesya, Nadia, and Rasji. "Tinjauan Mendalam tentang Filsafat Hukum: Mengurai Akar
Pemikiran di Balik Sistem Hukum." Journal on Education 6, no. 1 (2023): 10190–
10200. https://jonedu.org/index.php/joe/article/view/4715.
Silviana, Ana, Khairul Anami, and Handojo Djoko Waloejo. "Memahami Pentingnya Akta
Jual Beli (AJB) Dalam Transaksi Pemindahan Hak Atas Tanah Karena Jual Beli
Tanah." Law, Development and Justice Review 3, no. 2 (2020): 191–195.
https://doi.org/10.14710/ldjr.v3i2.9523.
Utari, Fatmie, and Haifa Hasna. "Perlindungan Hukum Bagi Pihak Pembeli Dalam Perjanjian
Pengikatan Jual Beli yang Tidak Terlaksanya Akta Jual Beli Akibat Penolakan dari
Sebagian Ahli Waris Pihak Penjual Berdasarkan Kitab Undang-Undang Hukum
Perdata." Jurnal Poros Hukum Padjadjaran 1, no. 2 (2020): 191–209.
https://doi.org/10.23920/jphp.v1i2.247.
Widjaja, Gunawan, and Samsuto. "Analisis Ketentuan Perjanjian Pengikatan Jual Beli (PPJB)
Dalam Perspektif Hukum Perdata: Tinjauan Terhadap Aspek Keabsahan Dan
Penyelesaian Sengketa." Sinergi: Jurnal Riset Ilmiah 1, no. 4 (2024): 252–260.
https://doi.org/10.62335/psn0p742.
Research Reports
Salsabila, N. T. “Kekuatan Hukum Perjanjian Pengikatan Jual Beli (PPJB) Dibuat Di Bawah
Tangan Sebagai Jaminan Kredit Pemilikan Rumah.” Doctoral dissertation, Universitas
Muslim Indonesia, 2022.
Swastika, Rona. “Analisis Yuridis Perjanjian Pengikatan Jual Beli (PPJB) Tanah Ditinjau
Dari Perspektif Kitab Undang-Undang Hukum Perdata.” Doctoral dissertation,
Universitas Muhammadiyah Surakarta, 2021. https://eprints.ums.ac.id/91122/.
Wahyuni, Ayuni Sri. “Kedudukan Hukum Atas Surat Perjanjian Jual Beli Tanah Bersertipikat
Lunas Dibawah Tangan.” Doctoral dissertation, Universitas Islam Sultan Agung
Notary Journal Volume 4, Nomor 2, October 2024
118
Semarang, 2024.
http://repository.unissula.ac.id/35244/1/Magister%20Kenotariatan_21302000090_fullp
df.pdf.
Internet
Dwijaya Karya Development. "Apa itu PPJB Apartemen? Serta Perbedaannya dengan AJB."
Dwijaya Karya Development, June 6, 2024. https://dwijayakarya.com/pengertian-ppjb-
apartemen/.
Nugraha, Septian. “Perbedaan PPJB dan AJB: Pengertian, Fungsi, hingga Cara
Membuatnya.” Rumah 123, accessed September 12, 2024.
https://www.rumah123.com/panduan-properti/ppjb-dan-ajb/.
Pashouses. "Mengenal PPJB dalam Jual Beli Rumah dan Contoh Dokumennya." Pashouses,
June 17, 2022. https://pashouses.id/pages/panduan/menjual-rumah/ppjb-adalah-
dokumen-jual-beli-properti/.
Pompana, Wilson. "Mengenal Apa Itu PPJB dalam Proses Jual Beli Tanah." Hukum Online,
September 14, 2023. https://www.hukumonline.com/klinik/a/PPJB-dalam-proses-jual-
beli-tanah-lt6086d9ebd6b6d/.
Romadhoni, Helmi. "Fungsi dan Peran PPJB Dalam Transaksi Jual Beli Tanah dan
Bangunan." Inanews, March 20, 2020. https://www.inanews.co.id/2020/03/fungsi-dan-
peran-ppjb-dalam-transaksi-jual-beli-tanah-dan-bangunan/.
