Indri, Zulfa (2024) Tinjauan Terhadap Perlindungan Hukum Terhadap Pembeli Beritikad Baik Atas Tuntutan Pihak Ke Tiga Dalam Sengketa Perdata Berobjek Tanah Di Desa Pulau Binjai Kecamatan Kuantan Mudik Kabupaten Kuantan Singingi. Masters thesis, Universitas Islam Riau.

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Abstract

The existence of good faith in every relationship with the community gives importance to public order, good faith as an inner attitude not to injure the rights of others is a guarantee for more orderly social relations. In society, buying and selling often occurs which causes various kinds of problems, especially in buying and selling land, including the sale and purchase of land belonging to other people, where the land does not belong to the seller. As a result of buying and selling like this, honest and well-intentioned buyers will experience interference from enjoying the goods they buy. The problem of this research is how is the legality of transferring land rights in good faith over third party demands in civil disputes over land objects in Pulau Binjai Village, Kuantan Mudik District, Kuantan Singingi Regency, and how is legal protection for good faith buyers over third party demands in civil disputes? Land Object in Pulau Binjai Village, Kuantan Mudik District, Kuantan Singingi Regency. The research method, namely sociological or empirical legal research, is research on legal identification and legal effectiveness in social dynamics, while its nature is descriptive. The results of the research show that the legality of the transfer of land rights in good faith over the demands of third parties in civil disputes over land objects in Pulau Binjai Village, Kuantan Mudik District, Kuantan Singingi Regency is that buying and selling is considered valid even though the seller is an unauthorized person because the land he controls has the basis of a mortgage action, but the mortgage is carried out with an agreement between the original owner of the land by guaranteeing the land as a form of debt repayment and the land owner also knowingly knowing that the collateralized land is the ownership of his people or customary land, and Legal Protection Against Good Faith Purchasers of Claims Third Parties in Civil Disputes with Land Objects in Pulau Binjai Village, Kuantan Mudik District, Kuantan Singingi Regency cannot be given to the buyer, especially in terms of controlling the land that has been purchased in full due to a claim from a third party or one of the family who also has rights to the land that has been mortgaged to the seller, even though the sale and purchase of land is based on a mortgage action approved and recognized by the Customary Head.

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