Legal Analysis of the Implementation of Underhand Sale and Purchase of Uncertified Land in Sialang Munggu Village, Tuah Madani District, Pekanbaru City and its Legal Consequences

Abstract

Every registration of land rights as a result of a sale and purchase transaction of land rights, regulated in Article 37 of Government Regulation Number 24 of 1997, is required to be required to register land rights through a sale and purchase that can only be registered, if proven by a deed made by an authorized PPAT according to the provisions of applicable laws and regulations, while in reality, in Sialang Munggu Village, Tuah Madani District, Pekanbaru City there is a practice of buying and selling land that has not been certified. Land that has not been certified in this case based on brief interviews with several communities that most of them prefer the practice of buying and selling under the hand on the grounds that the buying and selling carried out is shorter and more efficient and does not require a lot of costs. The purpose of this study is to examine the implementation of buying and selling land under the hand that has not been certified in Sialang Munggu Village, Tuah Madani District, Pekanbaru City and to examine the legal consequences of buying and selling land under the hand that has not been certified in Sialang Munggu Village, Tuah Madani District, Pekanbaru City. This study was compiled using empirical juridical research methods. The type of research used is empirical legal research. The data sources in this study come from primary data and secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection method is by interview and observation, and then analyzed qualitatively. The results of the study indicate that in Sialang Munggu Village, Tuah Madani District, Pekanbaru City, there are still some people who conduct land buying and selling transactions underhand. They carry out buying and selling transactions with several procedures, namely The practice of buying and selling is often carried out with several procedures. First, here the seller and the buyer conduct land transactions on the basis of mutual trust, this verbal sale and purchase transaction is usually carried out by parties who already know each other through kinship. Second, this land sale and purchase transaction is also carried out verbally but there is evidence of a receipt containing the amount of money they have agreed upon. Third, the land sale and purchase transaction is carried out in the presence of the village head and there is evidence of a statement where the contents of the letter are the land sale and purchase transaction from the seller to the buyer, the land area, the signatures of the parties, witnesses and the village head that has been affixed with a stamp. The legal consequences of underhand sales of uncertified land in Sialang Munggu Village, namely the transfer of land ownership through underhand sales, remain valid under customary law. However, to ensure legal protection and certainty for such sales, the land must be registered to obtain a certificate as proof of ownership.as regulated in the Basic Agrarian Law because the statement letter made by the community is only a basis for land ownership rights to obtain a certificate and is not proof of ownership of land rights as is the case with a certificate.