Vol. 3 No. 5 (2023): September
Open Access
Peer Reviewed

LEGAL PROTECTION OF THE SALE AND PURCHASE OF LAND RIGHTS THAT HAVE NOT BEEN REGISTERED

Authors

Lisa Komala Dewi , Tjempaka

DOI:

10.54443/ijerlas.v3i5.1014

Published:

2023-07-01

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Abstract

This article aims to discuss the legal consequences of buying and selling land rights that have not been registered and legal protection for buying and selling land rights that have not been registered. This article uses normative legal research methods. The nature of the research is descriptive analysis. The primary legal materials used in this writing are the 1945 Constitution of the Republic of Indonesia, Law Number 5 of 1960 concerning Basic Agrarian Regulations, Government Regulation Number 24 of 1997 concerning Land Registration, and Government Regulation of the Republic of Indonesia Number 18 of 2021 concerning Management Rights, Land Rights, Flats Units, and Land Registration. As for secondary legal materials in the form of publications on law including text books, legal dictionaries, legal journals, and comments on court decisions. The tertiary legal materials used in this research are the Big Indonesian Dictionary and the Legal Dictionary. The results of the research show that the legal consequences of transferring rights due to the sale and purchase of land that has not been registered are legally valid if the transfer of land rights is due to the sale and purchase of land that has not been registered. the registration has met the material requirements for sale and purchase, namely "bright" and "Cash". Legal protection for buyers of land rights due to the sale and purchase of land that has not been registered will still receive legal protection if those who obtain it are in good faith, namely in the form of repressive legal protection, namely legal protection which is directed more towards efforts to resolve disputes, as an example is the settlement of disputes in court,

Keywords:

Legal Protection, Buying and Selling, Not Yet Registered

References

Aartje Tehupeiory, 2012, The Importance of Land Registration in Indonesia, Jakarta: Reaching Asa for Success in Spreading Swadaya Group.

Adrian Sutedi, 2006, Transfer of Land Rights and Registration, Jakarta: Sinar Graphic.

Bachtiar Effendie, 1980, Land Registration in Indonesia and its Implementation Regulations, Bandung: Alumni.

Boedi Harsono (II), 2007, Indonesian Agrarian Law, History of the Formation of the Basic Agrarian Law, Contents and Implementation, Jakarta: Djbatan.

_________________, 2008, Indonesian Agrarian Law: History of the Formation of the Basic Agrarian Law, Content and Implementation, Revised Edition, Print XII, Jakarta:Djbatan.

Effendi Perjuanganin, 1986, Agrarian Law in Indonesia: An Examination From the Point of View of a Legal Practitioner, Edition 1, Print 1, Rajawali, Jakarta.

J. Kartini Soedjendro, 2001, Potential Land Transfer Agreement Rights Conflict, Yogyakarta: Kanisius.

Ronny Hanitijo Soemitro, 1994, Legal and Jurimetric Research Methodology, Jakarta: Ghalia Indonesia, Fifth Edition.

Soedharyo Soimin, 2008, Status of Rights and Land Acquisition, Jakarta: Sinar Graphic.

Soerjono Soekanto and Sri Mamudji, 2009,Normative Legal Research A Brief Overview,11th printing. Jakarta: PT Raja Grafindo Persada.

St. Paul Minn, 1983, Black's Law Dictionary, West Publishing Coafs, in Boedi Harsono.

Journal:

Abdul Wahid, Elya Kusuma Dewi, and Sarip Sarip, "The Power of Authentic Deed Evidence Against Deeds of Officials Making Land Deeds (PPAT) Based on Government Regulation Number 24 of 2016 Juncto Article 1868 Civil Code," Court: Journal of Islamic Law Studies 4, No. 2 (2019): https://doi.org/10.24235/mahkamah.v4i2.5372.

Author Biographies

Lisa Komala Dewi, Faculty of Law Universitas Tarumanegara

Author Origin : Indonesia

Tjempaka, Faculty of Law Universitas Tarumanegara

Author Origin : Indonesia

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How to Cite

Lisa Komala Dewi, & Tjempaka. (2023). LEGAL PROTECTION OF THE SALE AND PURCHASE OF LAND RIGHTS THAT HAVE NOT BEEN REGISTERED. International Journal of Educational Review, Law And Social Sciences (IJERLAS), 3(5), 1451–1459. https://doi.org/10.54443/ijerlas.v3i5.1014

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