Perlindungan Hukum Pemegang Hak Atas Tanah Berdasarkan Jual Beli Dibawah Tangan (Studi Kasus Di Desa Rimba Jaya)

Sundari, Siti (2019) Perlindungan Hukum Pemegang Hak Atas Tanah Berdasarkan Jual Beli Dibawah Tangan (Studi Kasus Di Desa Rimba Jaya). Other thesis, Universitas Islam Riau.

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Abstract

Land as property rights is regulated in the Basic Agrarian Law No 5 In 1960, ownership rights can be transferred based on buying and selling, according to Government Regulation No. 24 of 1997 in Article 37 paragraph 1 that Transfer of land rights and ownership rights to flats through selling buy, exchange, grant, income in the company and legal actions transfer of other rights, can only be registered if proven by a deed made by the authorized PPAT according to the provisions of legislation that apply, provisions transition right already there is the settings, however in Rimba Jaya Village has buying and selling under hand or buying and selling not at before the official / PPAT, but buying and selling only in the presence of the village head The main problem in this research is about the legal protection of the holder land rights based on buying and selling under the hands of the Dimba Jaya Kampar Regency, and the causal factors of the Rimba Jaya Village community buy ownership rights under the hands. This study uses Sociological legal research methods (empirical) or observation (observational research) which is descriptive analysis with survey method, selected location to conduct this research in Rimba Village Jaya Kampar Regency, the researcher conducted an interview with the Village Head Rimba Jaya Teti Haryati, PPAT Harlian and Kepla District Land Office Kampar Suwandi Idris, as well as distributing questionnaires to the village community Kampar Regency The results of the study show that buying and selling protection under the hands cannot given by law because of buying and selling under the hands of legal actions materially the process of buying and selling land is legal, but formally the selling process buying under the hand is not fulfilled, buying and selling must be in the presence of officials the authorities are PPAT (formal requirements), the community in Rimba Jaya Village who still use buying and selling under their hands without the presence of officials authorities, factors that influence the occurrence of buying and selling under the hand, minimal level of knowledge transfer, parties to the system trust, the high cost of buying and selling before PPAT, and not he knew the first party to hold land rights for the first time.

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