Analisis yuridis keabsahan perjanjian jual beli tanah di bawah tangan dalam peralihan kepemilikan tanah (studi kasus putusan nomor 461/Pdt.G/2017/PN.SMG)

Priscilla, Paulina (2019) Analisis yuridis keabsahan perjanjian jual beli tanah di bawah tangan dalam peralihan kepemilikan tanah (studi kasus putusan nomor 461/Pdt.G/2017/PN.SMG). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Land is one of the important things in people’s lives. One way to obtain the land is through land sale and purchase. Land sale and purchase can be done either by an agreement that is set in an authentic deed, or a private deed. On Government Regulation Number 10 of 1961 and Government Regulation Number 27 of 1997 on Land Registration have been regulated that transfer of land rights through sale and purchase can only be proven by a deed that is made and before the PPAT. But in the reality, there are still people who do the land sale and purchase agreement on private deed. In the Semarang District Court Judgment Number 461/Pdt.G/207/PN.SMG, Faris Bachtiar and Salim did land sale and purchase agreement on private deed. However, the land sale and purchase has never been followed up with a sale and purchase agremeent on Notary/PPAT deed, and has not changed the name of the certificate. The purpose of this thesis is to examine the validity of land sale and purchase agreement on private deed for land that has had right of land, as well as observe the judge’s consideration and judges’s decisions in case number 461/Pdt.G/207/PN.SMG reviewed from Government Regulation Number 10 of 1961 and Government Regulation Number 27 of 1997. The research method used in this study is normative research method. The type of research used is normative juridical with analytical descriptive, with the type of data used is secondary data. The author uses library method is used in the data collection techniques with statue approach, case approach, and conceptual approach, as well as using qualitative data analysis technique with deductive legal material process. The validity of land sale and purchase cannot be observed based on Civil Code, but rather refers to Government Regulation on Land Registration. Although the Notary has the authority to make a deed related to land, but related to the transfer of land rights as a result of land sale and purchase that has had land rights can only be done by PPAT deed.

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