Principles of Agreement in the Sale and Purchase of Private Sale of Land: Understanding the Risks and Legal Power

Authors

  • Dani Harianto Wisnuwardhana Malang University
  • Lilik Linarno University of Jember
  • Fendi Setyawan University of Jember
  • Firman Floranta Adonara University of Jember

DOI:

https://doi.org/10.36277/jurnaldefacto.v12i1.359

Keywords:

Principle of agreement, Private Sale and Purchase of Land., the Risks and Legal Power

Abstract

This article discusses the principles of agreements in Private Sale of Land, risks, and their legal validity. Private Sale of Land are transactions conducted without the involvement of a Land Deed Official and are often based solely on an agreement between the buyer and seller. This study aims to analyze the relevant principles of agreements in Private Sale of Land, identify the risks that arise, and evaluate their legal validity. This research use  normative research as Its methods with a legislative approach and a case study approach. The results indicate that Private Sale of Land carry significant risks because they do not meet the formal requirements stipulated in laws and regulations, which can result in legal uncertainty and ownership disputes. Nevertheless, courts have in some cases recognized the evidentiary force of Private Sale of Land if they meet the requirements of a valid agreement and are supported by other evidence. This article concludes that the public should exercise caution in Private Sale of land transactions and choose methods that are safe and legally valid.

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Published

2025-11-08

How to Cite

Harianto, D., Linarno, L., Setyawan, F., & Adonara, F. F. (2025). Principles of Agreement in the Sale and Purchase of Private Sale of Land: Understanding the Risks and Legal Power. Journal De Facto, 12(1), 46–59. https://doi.org/10.36277/jurnaldefacto.v12i1.359

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