Kekuatan Hukum Kepemilikan Hak Atas Tanah Tanpa Adanya Akta Jual Beli Di Desa Pembatang Kabupaten Kuantan Singingi

Hakonia, Dini (2022) Kekuatan Hukum Kepemilikan Hak Atas Tanah Tanpa Adanya Akta Jual Beli Di Desa Pembatang Kabupaten Kuantan Singingi. Other thesis, Universitas Islam Riau.

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Abstract

Land as property rights is regulated in the Basic Agrarian Law No 5 of 1960. Property rights can be transferred based on buying and selling, in accordance with article 37 paragraph 1 of Goverment Rehulation No 24 of 1997. The main problem in this research is the first, regarding the status of buying and selling land carried out without a deed of sale and purchase in Pembatang village, Kuantan Singingi Regency and the second problem, how the settlement can be done by the buyer so that the sale and purchase of land has permanent legal force in Pembatang village, Kuantan Regency, Singingi. This studi uses sociological law research methods (empirical) or obsevational (observational research) which is descriptive analysis by means of a survey. The location chosen to conduct this reseach is in Pembatang village, Kuantan Singingi Regency, researchers conducted interviews with the Head of Pembatang village, Head of the Land Office National Kuantan Singingi Regency, as well as conducting open interviews with the Pembatang village community. The result of the study that the status of buying and selling carried out before the village head was legal given by law because buying and selling under the hands of legal acts materially the process of buying and selling law was legal, but formally the process of buying and selling under the heads was not fulfilled, buying and selling must be done. In the presence of authorized officials, namely PPAT (formal requirements), people in Pembatang village who still use buying and selling under the hands without being in the presence of an authorized official, factors that influence the occurrence of buying and selling under hands, minimal level of knowledge transfer of right, parties with a believe system, the high cost of buying and selling before the PPAT, and the unknown first party holding the land rights for the time. Efforts to settle the sale and purchase so that it has permanent legal force in the Pembatang village community, Kuantan Singingi Regency, namely according to the Pembatang village community, buying and selling carried out by the Pembatang billage commnuity is by mutual trust, then both parties will resolve it by way of deliberation and responsibility and are ready yo be prosecuted upfront trial, both civil and criminal. Meanwhile, according to BPN, the efforts that must be made by the buyer in order to obtain legal certainty over land ownership are in accordance with Goverment Regulation Number 24 of 1997.

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