Sale & Purchase of Land Under Hand With Testimony Sign by Village Head or Customary Head

Yayuk Nur Hikmah, Gunarto Gunarto

Abstract


Land has a very important relationship and meaning for human life. Land is an immovable object or a fixed object whose ownership is regulated by the prevailing laws and regulations in Indonesia. Including the transfer of land rights due to buying and selling, the transfer of land from the seller to the buyer must use a valid or authentic proof of transfer made by the official making the land deed. In accordance with the laws and regulations. This study uses sociological juridical research methods, descriptive research specifications, aims to describe a problem in a certain area or at a certain time. This study uses secondary data sources which are divided into primary law, secondary law and tertiary law. The research results that have been collected are then analyzed qualitatively. The formulation of the problem was analyzed using the theory of legal certainty, the theory of usefulness or legal expediency, and the theory of legal justice. Based on the results of the study, it can be concluded, buying and selling land under the hands is still often done because people are not aware of the law of buying and selling land and the importance of proof of the transfer of land rights. The process of implementing the sale and purchase of land in the presence of the Village Head or Customary Head in Seruyan Regency is the parties coming to the village head's office and requesting a transfer of sale and purchase letter or proof of transfer of land rights to the village head and bring the conditions determined by the Village Head. The solution so that land registration can be carried out is that the process of buying and selling land must be carried out again in the presence of PPAT.


Keywords


Buying; Land; Registration; Selling; Transfer.

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References


Journals:

Agrisal Ruslan, Rifan, and Umar Ma'ruf, Community Legal Awareness in the Sale and Purchase of Land with Ppat Deeds in Tinanggea District, South Konawe Regency, Southeast Sulawesi, Vol. 4, No. 3, 2017, p. 428. urls:http://jurnal.unissula.ac.id/index.php/akta/article/viewFile/1817/1366. Accessed October 15, 2021, 11:31 am

Ilham and Djauhari, “Application for Ownership Derived from State Land at the Land Office of Semarang Cityâ€, Vol. 4, Number 3, p. 360, September 2017, url:http://jurnal.unissula.ac.id/index.php/akta/article/download/1808/1357. Accessed On October 16, 2021, Time: 22:58

Karuni Nuranidhira, Irdha and Winanto, Juridical Analysis of the Legal Consequences of Making a Land Sale and Purchase Deed that is not in accordance with the Procedure for Making a Land Deed, KIMU 4, 2020, p. 756. urls:http://jurnal.unissula.ac.id/index.php/akta/article/download/2532/1894. Accessed on October 15, 2021, at 12:22

Sukarmi, S., & Victoria, Argo. (2018). Cash Waqf in Sustaining of Indonesian Society “In Legal & Economic Perspectiveâ€. AL-ITQAN: JOURNAL OF ISLAMIC SCIENCES AND COMPARATIVE STUDIES, IRKHS-IIUM, Malaysia, 2(1), 83–97. https://doi.org/10.31436/al-itqan.v2i1.43

Books:

Boedi Harsono, (2002), Hukum Agraria Indonesia Himpunan Peraturan-Peraturan Hukum Tanah, Jakarta: Djambatan

Boedi Harsono, (2008), Hukum Agraria Indonesia, Jakarta: Djambatan

Handoko, Widhi, (2014), Kebijakan Hukum Pertanahan Sebuah Refleksi Keadilan Hukum Progresif, Yogyakarta: Thafa Media

Ngadino, (2019), Ketentuan Umum Tata Cara Pembuatan Dan Pengisian Akta PPAT, Semarang: UPGRIS Press

Sutedi, Adnan. (2006). Legal Provisions for Applicability of Certificates as Evidence of Land Rights. Jakarta: Cipta Jaya

Regulation:

Constitution Republic of Indonesia of 1945;

Code of Civil law;

Act No. 5 of 1960 concerning Basic Regulations on Agrarian Principles;

Government Regulation Number 8 of 1953 concerning State Land Control

Government Regulation of the Republic of Indonesia Number 24 of 1997 concerning Land Registration;

Government Regulation of the Republic of Indonesia Number 24 of 2016 concerning Amendments to Government Regulation Number 37 of 1998 concerning the Regulation of the Position of the Maker of Land Deeds;

Regulation of the Head of the National Land Agency Number 3 of 1997 concerning Provisions for the Implementation of Government Regulation Number 24 of 1997.

Internet:

http://ilmu Hukum56.blogspot.co.id/2015/04/makalah-percepatan-jual-beli-berserta.html, accessed on October 24, 2021, at 1:24 WIB




DOI: http://dx.doi.org/10.30659/sanlar.3.4.1228-1241

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