Analisi Yuridids Perlindungan Hukum Terhadap Pembeli Tanah Yang Beritikad Baik Melalui Lelang (Studi Kasus Terhadap Putusan Mahkamah Agung Nomor: 1017/K/PDT/2017)

Dhebora, Heppy (2021) Analisi Yuridids Perlindungan Hukum Terhadap Pembeli Tanah Yang Beritikad Baik Melalui Lelang (Studi Kasus Terhadap Putusan Mahkamah Agung Nomor: 1017/K/PDT/2017). Other thesis, Universitas Islam Riau.

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Abstract

Land is a natural resource that plays an important role and is a valuable object for humans because it can support welfare in creating a better human life and in fulfilling human life needs, land problems are a problem that is caused by conflicts of interest over land. This problem cannot be avoided, in Indonesia this problem often occurs because land is an object that is needed by the community, therefore land problems are the main problem in agrarian law. Often times, land that has been registered and already has a title, in the form of a certificate or certificate of land that has been issued has overlapping ownership due to the weak legal protection of land ownership. To meet the needs of the community, auction institutions exist in the legal system to uphold justice and to implement or fulfill court decisions or dispute settlement institutions based on law. The main problems are related to how to carry out land sales through auction in case Number: 1017 K / pdt / 2017, and what are the obstacles experienced by land buyers who have good faith through auction in case Number: 1017 K / Pdt / 2017. This type of research uses normative legal research. The type of data in this study uses primary, secondary and tertiary data. This research uses a case study technique No: 1017 K / Pdt / 2017 and takes comparisons from books related to problem formulations and conducts direct interviews with sources. Data analysts use descriptive methods that provide a clear, detailed, and systematic description of matters relating to the subject of research. The results of the research show that the implementation of the auction as stated in the decision Number: 1017k / pdt / 2017 is not in accordance with what happened in the field, the decision is written that the auction is carried out in accordance with auction procedures, but in reality the auction is not in accordance with what written on the decision due to the absence of a Land Registration Certificate (SKPT) in which the SKPT is regulated in article 25 of the Minister of Finance Regulation Number 27 / PMK / 06/2016. The function of the SKPT is as a source of up-to-date information regarding land and buildings to be auctioned, because the SKPT was issued by BPN as the party that is in charge of the land, and the obstacle experienced by land buyers with good faith through auction is that land buyers with good intentions experience losses where a land buyer with good intentions does not immediately enjoy the results of the land and the emergence of a new case on the land results in a land buyer who has good intentions through an auction to experience many losses.

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