Luthfi, M. Adib (2018) AKIBAT HUKUM TERHADAP PERALIHAN HAK MILIK ATAS TANAH YANG BELUM LUNAS PEMBAYARANNYA. Masters thesis, Fakultas Hukum UNISSULA.
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Abstract
Land for human life has a very important meaning, because most of his life depends on the land. Therefore, the land is needed by every human beings both in small scope for the needs of residence, as well as on a large scale that is for social and business needs. These developments and increases bring logical consequences to the demands of the land as a place of residence. This gives the understanding that the importance of land for human life, and humans must always try to have and control the land. The transfer of ownership of land through sale and purchase is one way to obtain and control the rights of the land. According to our Agrarian Law (UUPA), the sale and purchase of land is done under Customary Law. According to the Traditional Law of buying and selling is light, cash and real, meaning that the sale and purchase is done in the light of the presence of the head (village head), the cash transfer of land by the landowner (seller) is done simultaneously with the buyer's price, or spoken intentions must be followed by a real act indicating the purpose of the sale and purchase. according to the theory put forward Effendi Warin about the nature of cash in buying and selling here has a meaning that the price of land paid it can be entirely, but it can be partly. Although partially paid, the law is deemed to have been fully paid and is considered to be a payment of the price and the transfer of its rights at the same time. At that time according to the sale and purchase law has been completed and the remaining unpaid price is considered a buyer's debt to the former landowner (seller). This means that if the buyer does not pay the remaining price, the former landowner can not cancel the sale and purchase of the remainder of the price is done according to the civil sphere of debt agreement. With the application of this theory in practice many cause problems, because the land has switched its right while the payment has not paid off so vulnerable to the buyer wanprestasi and eventually arise dispute. Referring to the above background, the authors want to discuss about the legal consequences of the transfer of ownership rights to land that has not paid off along with some background factors and how the solution to the problem. This study uses juridical-sociological (socio-legal) legal approach. The type of research empirical law is a type of research that analyzes a legal issue or legal issue based on a problem that exists within the community itself by obtaining field data. The legal materials used in this study are primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques used are literature study, supported by field data through observation and interview. The result of this study concludes that the legal effect of the transfer of ownership of land that has not paid off is valid for the sale and purchase, but if the payment of the land price has not been paid in advance then the transfer of its rights can be suspended (in accordance with the agreement of sale and purchase settlement paid). After payment of the price is paid a new process of transfer of rights continue (making Deed of Sale and Purchase certificate process). PPAT makes the Deed of Sale and then the deed is used as authentic proof that there has been a transfer of land rights through subsequent sale and sale to be registered. While the sale and purchase of land that adheres to customary law is concrete, cash, real and real. This means that the role of PPAT in carrying out the mandate of the Act must be fully implemented and related to the transfer of ownership rights to land that has not paid off, PPAT must determine the firm stance to not make the Deed and Sell before all payment of the price paid in full even though the payment method gradually . The solution if there are problems like that then PPAT must make a binding agreement to buy and sell paid before the Deed of Sale. This is done in order to realize the sense of justice and minimize disputes between the seller and the buyer in relation to the sale and purchase of land. Keywords: Legal Effect, Sale and Purchase Land, Not Filled.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum Pascasarjana > Magister Kenotariatan |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 30 Oct 2018 03:31 |
| Last Modified: | 30 Oct 2018 03:31 |
| URI: | http://repository.unissula.ac.id/id/eprint/11927 |
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