Juridical Analysis of the Legal Consequences of Fraud in the Sale and Purchase of Uncertified Land

Abstract

Land that does not have a certificate often raises legal problems because there is no authentic evidence that guarantees the certainty of ownership rights. This opens up space for fraud to occur in the form of double buying and selling, falsification of documents, or unilateral recognition of ownership. The research method used is a normative juridical approach by examining applicable laws and regulations, legal doctrines, and related court decisions. The results of the study show that the legal consequences of fraud in the sale and purchase of uncertified land not only cause material losses to victims, but also have an impact on legal certainty and public order. The perpetrator can be subject to criminal sanctions according to the provisions of Article 378 of the Criminal Code regarding fraud, while from a civil law perspective, the transaction can be canceled for the sake of the law and incur an obligation to compensate. Thus, strengthening regulations and public legal awareness regarding the importance of land certificates is a preventive step to minimize fraud in the sale and purchase of land.