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

Abstract

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.