The Legal Position of the Binding Sale and Purchase Agreement of Land Rights Under The Hands that Have Been Waarmerking

Abstract

This study aims to find out and learn about the Legal Position of Agreements Binding Sale and Purchase of Land Rights under Hands that have been Waarmerking which are products that arise from agreements/bindings that are broad in nature and are not limited by anything, as long as what was agreed by the parties involved bind himself not out of the statutory provisions. However, in its application in the community, the Contract Agreement for Sale and Purchase of Land Rights under the Hand is often interpreted as the sale and purchase of land rights that are in conformity with existing regulations. The approach method used in this thesis is sociological juridical by using primary data as the main data by conducting interviews with Mr. R. Bambang Anom Widyo Putro SH, M.Kn. Based on the research, it shows that according to Article 1320 of the Civil Code, an agreement/binding is considered perfect if it fulfills the conditions, namely the existence of an agreement, the ability to act, the existence of the agreed object and lawful reasons. This makes the binding sale and purchase agreement of private land rights to have perfection only within the limits of the agreement. Meanwhile, the transfer/acquisition of land rights has its own rules, Article 37 paragraph (1) PP No. 24 of 1997 concerning Land Registration requires that the transfer of rights over and apartment units can only be carried out if proven by the existence of a Deed of Sale and Purchase drawn up by the Making Official. Land Deed (PPAT).

Keywords: Agreement; Binding; Waarmerking; Purchase.