Validity of Transfer of Land Rights Based on Purchase Receipt Evidence (Study of Decision Number 7/PDT-G/2019/PN.Cbi)

Abstract

It can be said that at all times humans are in contact with land. in the transfer of land rights, one of which is by buying and selling with proof of receipt. In the transfer of land rights, land registration must be carried out to ensure legal certainty. There is a discrepancy in the application of the rules for implementing the registration of the transfer of land rights based on receipts. This receipt is a type of private deed made by the parties without the intermediary of an official. Article 1874 of the Civil Code states that a deed below is a writing that is signed and made without the intermediary or assistance of a public official. However, in practice the author found the registration of the transfer of land rights based on receipts without a deed from the Land Deed Making Officer, whether the validity of this receipt can be used as a basis for the transfer of rights. This happened in a civil case in Court Decision Number 7/PDT-G/2019/PN.Cbi. This study uses a normative legal method, which discusses more about legal synchronization supported by secondary data and the approach used in this study is the statute approach. Data source: literature study, Data collection: literature study. Data processing: Data examination, data reconstruction, data systematics. Data analysis: Qualitative descriptive. The results of this study are that receipts cannot be used as a basis for transferring land rights. However, in a civil case in Court Decision Number 7/PDT-G/2019/PN.Cbi. The legal act of buying and selling with evidence of this receipt carried out by the parties is not stated in an authentic deed so that it does not have perfect evidentiary force. This receipt evidence can/cannot be used as a basis for transferring land rights, because it can be said that it can be used as a basis for transferring rights. However, with the results of this court decision, this decision can be used as authentic evidence of the basis for the transfer of land rights based on receipts.