Legality of Transfer of Land Rights Through Selling Buy Under Hands According to Land Law (Case Study: Decision of the Tangerang District Court Number 376/PDT.G/2017/PN.TNG)
- DOI
- 10.2991/assehr.k.220404.157How to use a DOI?
- Keywords
- Legality; Transaction; Land Rights; Under The Hand
- Abstract
The land is one of the basic human needs and limited land can cause problems because it will encourage the purchase and sale of land and the process of land right switchover. The purchase and sale agreement is law that was born as a result of community needs. This research was conducted because there was one of decision that contained an incident that there had been a sale and purchase of land in 1999 but used a receipt, the buyer hasn’t has not transferred the name of the certificate and the seller’s whereabouts are not found before the legalization of the sale and purchase is carried out so that the buyer files a lawsuit to the court and the buyer/plaintiff’s request is granted because the seller/defendant did not come during the trial and did not send a guardian to comze to the trial. How is the validity of the sale and purchase that is carried out using only proof of receipt without an authentic deed? The research method used by the author is a normative legal research method that is library research, examines the decision of the District Court Number 376/PDT.G/2017/PN.TNG and is associated with statutory regulations, case approaches, and conceptual approaches. Sources of data used in this study are primary and secondary data sources using data collection techniques used, namely interviews and literature study. Based on the research data, it is known that the legitimacy of buying and selling land rights under the hands that have not been carried out before the PPAT does not automatically become illegal according to law and shows that there are still people who have not legally bought and sold according to the law it is detrimental to the buyer that the sale and purchase of land should use an authentic deed because if it does not have an authentic deed, it cannot be renamed the certificate.
- Copyright
- © 2022 The Authors. Published by Atlantis Press SARL.
- Open Access
- This is an open access article distributed under the CC BY-NC 4.0 license.
Cite this article
TY - CONF AU - Hanafi Tanawijaya AU - Michelle Velisia PY - 2022 DA - 2022/04/21 TI - Legality of Transfer of Land Rights Through Selling Buy Under Hands According to Land Law (Case Study: Decision of the Tangerang District Court Number 376/PDT.G/2017/PN.TNG) BT - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021) PB - Atlantis Press SP - 995 EP - 1003 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.220404.157 DO - 10.2991/assehr.k.220404.157 ID - Tanawijaya2022 ER -