The Urgency of the Principle of Balance in Consumer Protection in Land Buying and Selling
Abstrak
Land has an important function in human life, therefore the law is tasked with providing legal protection and legal certainty for land buyers. Land that is in dispute often creates problems for land buyers who have minimal information about the status of the existing land. So in reality the practice of buying and selling land often ignores existing consumer protection. Therefore, the aim of writing this article is to discuss the urgency of balancing values in consumer protection when buying and selling land. This writing uses sociological juridical methods. Based on the research conducted, data was found in the form of phe protection for buyers who have made payments in the sale and purchase of problematic land is not yet balanced, this is due to the legal culture of sellers who are often dishonest regarding the status of the land, and the existence of third parties related to the seller who also claim rights to a land contribute to the loss of the buyer. The development of efforts through the judiciary is quite long and expensive. ConsequenceThe lack of guaranteed legal certainty and legal protection for problematic land buyers will ultimately harm the principles of legal objectives according to Islam and at the same time the mandate of Pancasila and the 1945 Constitution of the Republic of Indonesia. This will certainly violate social balance for all Indonesian people. Keywords: Buying; Protection; Selling; Value.Referensi
Agus Yudha Hernoko, 2008, Contract Law: The Principle of Proportionality in Commercial Contracts, Laksbang Mediatama, Yogyakarta
Agus Yudha Hernoko, 2008, Principle of Proportionality in Commercial Contracts, Laksbang Mediatama, Yogyakarta
Ahmad Tohaputra, 2000, Al-Qur'an and its Translation, CV. As Syifa, Semarang
Ali Achmad Chomzah, 2002, Land Law Land Law Series 1 Granting Rights to State Land Land Law Series II Certificates and Problems, Achievement Pustaka, Jakarta
Binti, interview with the party who suffered losses from the sale and purchase of land due to the right to settle from a third party on the land sold in the Kedung Jati area, Grobogan Regency, on 14 August 2020
Cindawati, 2014, Principles of Good Faith in International Business Contracts, Mimbar Hukum, Vol.26 No.2, June 2014, Gajah Mada University, Yogjakarta
Henry Cambell Blacks, 1984, Black's Law Dictionary, 4th Edition, St. Paul, Minnesota, USA, West Publishing Co
http://sipp.pn-kudus.go.id/index.php/detil_perkaraaccessed on February 15 2020
Markum, interview with the party who suffered losses from the sale and purchase of land due to the right to settle from a third party on the land sold in the Wedung area, Demak Regency, on 11 August 2020
National Legal Development Agency (BPHN), National Civil Law Symposium, Collaboration with the National Legal Development Agency (BPHN), Faculty of Law, Gadjah Mada University, Yogyakarta, 21-23 December 1981
Subekti, 1996, Basics of Civil Law, PT. Intermasa, Cet. XXVIII, Jakarta
Sudarman, Personal interview with buyers of inherited land who suffered losses due to inherited land disputes in Kudus City on 10 August 2020
Teguh Prasetyo, 2015, Balance in Dignity, Legal Theory Perspective, Nusamedia, Bandung
Unduhan
Diterbitkan
Terbitan
Bagian
Lisensi
Authors who publish with this journal agree to the following terms:
- The journal holds the copyright for each article published with work licensed simultaneously under a Creative Commons Attribution 4.0 International License, which allows others to share the work with an acknowledgment of the authorship and early publication of the work in this journal.
- Authors must agree to the copyright transfer agreement by checking the Copyright Notice column at the initial stage when submitting the article.