Analisis Hukum Pelaksanaan Jual Beli Tanah Di Bawah Tangan Di Desa Pagaruyung Kecamatan Tapung Kabupaten Kampar

Saputro, Helvianto Helmi (2021) Analisis Hukum Pelaksanaan Jual Beli Tanah Di Bawah Tangan Di Desa Pagaruyung Kecamatan Tapung Kabupaten Kampar. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT Land as property rights is regulated in the Basic Agrarian Law no. 5 of 1960. Property rights can be transferred based on sale and purchase, in accordance with Government Regulation no. 24 of 1997 in Article 37 paragraph 1 that the transfer of rights to land and ownership rights to flat units through buying and selling, exchanging, grants, income in companies and other legal acts of transferring rights, can only be registered if it is proven by a deed made by PPAT. in accordance with the provisions of the applicable laws and regulations, the provisions for the transfer of rights have already been regulated, but in Pagaruyung Village there is buying and selling under the hands or buying and selling not before an official/PPAT, but buying and selling only in front of the Village Head. The main problem in this research is how to implement the practice of buying and selling land under the hands in Pagaruyung Village, Tapung District, Kampar Regency, and what are the factors that cause people in Pagaruyung Village, Tapung District, Kampar Regency to buy and sell land under their hands. This research uses Sociological law research methods (empirical) or observational (observational research) which is descriptive analysis by means of a survey. The location chosen to conduct this research is in Pagaruyung Village, Tapung District, Kampar Regency, researchers conducted interviews with the Pagaruyung Village Head Sahidun, and distributed questionnaires to the Pagaruyung Village community. The results showed that in Pagaruyung Village, Tapung District, Kampar Regency, there was still the practice of buying and selling land under the hands. The existence of public knowledge about buying and selling must be carried out before a PPAT / Notary is not directly proportional to its implementation, on the contrary the majority of people still choose to buy and sell land under their hands due to limited costs, faster, practical, and the process does not take a long time . Factors that influence the occurrence of buying and selling under the hands are the permitting of the customary law process regarding the transfer of rights by the BAL itself, the lack of supervision by the state apparatus, the lack of socialization of legal understanding, the public's ignorance of the terms of sale and purchase of the transfer of rights, the high cost of buying and selling before the PPAT, and a low legal culture both from the State Apparatus and also the community itself.

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