Juridical Overview of the Oral Land Sale and Purchase Agreement in the Conception of Legal Certainty

Satya Eka Syahputra Thayeb


The purpose of this research to find out and analyze the juridical review of the land sale and purchase agreement orally in the conception of legal certainty. Research methods it uses the approach in this study uses an empirical juridical approach. Empirical juridical research is an approach to problems regarding juridical matters and the existing facts regarding juridical matters. Empirical legal research or sociological research is legal research that uses primary data. The results of the study determined that: 1. Juridical Review of the Oral Land Sale and Purchase Agreement in the Conception of Legal Certainty. Based on Article 1320 of the Civil Code regarding the conditions for a valid agreement, it does not regulate the form of an agreement, so that in making an agreement, the community is free to determine its form. Making an agreement in oral form is still valid, as long as it has fulfilled the legal requirements of the agreement stated in Article 1320 of the Civil Code. Oral agreements are also valid as long as there is no law that stipulates that the agreement to be made must be in written form, so that the oral agreement also has legal certainty in binding the parties who made it, for that if there is a default in the oral agreement, the oral agreement can be used as the basis to declare someone to be in default. 2. The Role and Authority of a Notary in Realizing Legal Certainty Against the Sale and Purchase of Land Conducted Orally. The role of a notary in making an authentic deed as regulated in Act No. 40 of 2004 concerning Notary Positions, based on this provision, the notary's authority in making the deed of sale and purchase of land has strong legal force because the authority is based on the law, so the deed concerned (in terms of binding sale and purchase of land/sales and purchase deed) can be used as a basis for authentic evidence by the parties if in the future there is a dispute regarding the object of the agreement as stated in Article 15 paragraph (2) letter f of the UUJN. 3. Example of Making a Deed of Sale and Purchase of Land.


Agreement; Certainty; Legal; Oral.

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Aga Wigana, Political Directions For Land Law On Land Property Rights For The People, The 5th International Conference and Call for Paper Faculty of Law 2019, Sultan Agung Islamic University

Ambe J. Njoh, Liora Bigon, Erick O. Ananga, Richard A. Ayuk-Etang, Institutional, economic and socio-cultural factors accounting for gender-based inequalities in land title procurement in Cameroon, Journal of Public Transportation, p. 116-125, https://www.sciencedirect.com/journal/land-use-policy/vol/78/suppl/C

Billy Dicko Kekuatan Hukum Perjanjian Lisan Apabila Terjadi Wanprestasi. Fakultas Hukum Universitas Sebelas Maret. Jurnal Privat Law Vol. IV No. 2 July - December 2016

E. Herguido Sevillano, J.F. Lavado Contador, S. Schnabel, M. Pulido, J. Ibáñez, Using spatial models of temporal tree dynamics to evaluate the implementation of EU afforestation policies in rangelands of SW Spain, Journal of Public Transportation, p. 166-175, https://www.sciencedirect.com/journal/land-use-policy/vol/78/suppl/C accessed on March 24, 2022

Rahmani Timorita Yulianti, Asas-Asas Perjanjian (Akad) dalam Hukum Kontrak Syari’ah, Jurnal Ekonomi Islam Vol. II, No. 1, July 2008

Umar Ma’ruf. Tinjauan Hukum Kedudukan Dan Fungsi Notaris Sebagai Pejabat Umum Dalam Membuat Akta Otentik (Studi Kasus di Kecamatan Bergas Kabupaten Semarang). Jurnal Pembaharuan Hukum Volume II No.3 September - December 2015


Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning Notary Positions

Act No. 30 of 1999 concerning Arbitration and Alternative Settlement

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

Civil Code (KUHPerdata)

Regulation of the Head of the National Land Agency of the Republic of Indonesia Number 3 of 2011 concerning Management of the Assessment and Handling of Land Cases

DOI: http://dx.doi.org/10.30659/sanlar.4.2.294-305


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