TINJAUAN YURIDIS TERHADAP PERBUATAN MELAWAN HUKUM WANPRESTASI BALIK NAMA SERTIFIKAT TANPA IZIN PEMILIKNYA

Abstract

The process of transferring a certificate should be carried out in compliance with the procedures and requirements stipulated by law, including obtaining permission from the legal owner. However, in practice, illegal acts often occur in the form of transferring land certificates without the owner's consent. These actions can be carried out by certain parties using document forgery or abuse of authority, which ultimately harms the legal landowner.  The analysis focuses on elements of unlawful acts based on Article 1365 of the Indonesian Civil Code and default (breach of contract) according to Article 1238 of the Indonesian Civil Code. This research uses a normative juridical approach by examining relevant laws and regulations, as well as case studies, to illustrate the legal implications of these actions related to violating principles in the agreement and fulfilling the elements of fault and damage. The legal implications include claims for compensation, restitution of rights, and criminal acts related to the certificate. The research emphasizes the importance of due diligence in land transactions to prevent illegal transfer of property rights. Therefore, it is important to strengthen regulations and law enforcement to protect the rights of landowners and prevent future occurrences of default practices.

Keywords: Certificate Transfer, Unlawful Act, Default, Guarantee Certificate, legal consequences