The Legal Certainty of The Sale And Purchase of Land that Has Not Been Title Transferred in Simpang Perak Jaya Village, Kerinci Kanan Sub-district, Siak Regency, Riau Province (A Case Study on Freehold Title Number 733)

Proceedings of ‏The 2nd World Conference on Social Sciences and Humanities

Year: 2020

DOI: https://www.doi.org/10.33422/2nd.shconf.2020.09.239

[Fulltex PDF]

The Legal Certainty of The Sale And Purchase of Land that Has Not Been Title Transferred in Simpang Perak Jaya Village, Kerinci Kanan Sub-district, Siak Regency, Riau Province (A Case Study on Freehold Title Number 733)

Rico Pratama Purnomo, Admiral, Rosyidi Hamzah

ABSTRACT: 

The issuance of Laws Number 5 the Year 1960 on Basic Agrarian Law in the Republic of Indonesia brings a big change towards land regulations. To implement the Laws, Government regulation Number 24 the Year 1997 on Land Registration is issued. The occurrence of a set of this regulation is to provide legal protection towards the community on the rights and obligations towards their lands. One of the points that has been regulated is that the sale and purchase of land should be done through Land Deed Official (PPAT). PPAT will, therefore, register the land to the National Land Authority to carry out the land title transfer on the land certificate. However, in the reality of the situation, some people still carry out the sale and purchase of land without title transfer for the land certificate. Consequently, the people who have the freehold title and the name written on the land certificate is different. Consequently, the sale and purchase of land that does not comply with the Government Regulation Number 24 the Year 1997 on Land Registration have no legal certainty.

Keywords: Land Registration, Legal Certainty, Agrarian Law.