Sale and Purchase Agreement Exists, But Certificate Not Yet Transferred: Is It Valid?

JAKARTA, KOMPAS.com - Many people still believe that a land or house sale and purchase transaction is fully valid simply because the Sale and Purchase Agreement (AJB) has been signed. In reality, without the certificate transfer process at the Land Office, the administrative ownership has not yet been transferred to the buyer. The AJB is indeed evidence of the legal transaction made by the Land Deed-Making Official (PPAT). However, the AJB is not proof of ownership of the land. Legal practitioner Adyanisa Septya Yuslandari, S.H., M.Kn, explained that the AJB is an official document that records the land or building sale and purchase transaction legally. Without the AJB, the transfer of rights cannot be continued, including the certificate transfer process at the National Land Agency (BPN). According to the provisions of the law, the government has stipulated that a land sale and purchase agreement is only valid if it is made by a Land Deed-Making Official (PPAT). This PPAT can also serve as a notary. However, not all notaries automatically become PPATs. “The AJB is an official document made by the PPAT as proof of the validity of the transaction of the right to land or buildings,” explained Adyanisa, quoted by Kompas.com, Thursday (26/2/2026). In the land registration system in Indonesia, ownership is proven by a certificate registered in the name of the rights holder. This is stated in Article 32 paragraph (1) of Government Regulation (PP) Number 24 of 1997 concerning Land Registration, which states that the certificate is strong evidence regarding the physical and legal data of the land. This means that as long as the certificate is still in the name of the seller, then legally, the owner is still the seller, even though the AJB has been signed. The transfer of rights due to a sale and purchase must be registered at the Land Office under the Ministry of Agrarian and Spatial Planning/National Land Agency (ATR/BPN). This is regulated in Article 37 paragraph (1) of PP Number 24 of 1997, which states that the transfer of land rights through sale and purchase can only be registered if proven by a PPAT deed.