Akibat Hukum Jual Beli Atas Sebagian Tanah Yang Sertifikat Induk Tidak Diserahkan Kepada Ahli Waris Pembeli

Shaleh Al-Hamra, Adnan and Suhermanto, Suhermanto and Mega Wijaya, Mustika (2022) Akibat Hukum Jual Beli Atas Sebagian Tanah Yang Sertifikat Induk Tidak Diserahkan Kepada Ahli Waris Pembeli. Skripsi thesis, Universitas Pakuan.

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Abstract

The implementation of the registration of the transfer of ownership of land by way of buying and selling is regulated in Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, the implementation of which is regulated in Government Regulation Number 24 of 1997 concerning Land Registration as amended by Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration. Every transfer of ownership of land must be registered at the local land office. The transfer of land rights due to legal actions (sale and purchase) can be registered as well as evidenced by the PPAT deed. The identification in writing this law is what are the legal consequences of buying and selling land that has been certified if the seller does not submit the master certificate? and what is the judge's consideration in Case Number 20/Pdt.G/2020/PN Bogor in the sale and purchase of some of the land? The research specifications used are descriptive analytical with a case approach and a statute approach, data collection techniques using library research and field research (library research), and data processing is carried out qualitatively. The results of the study indicate that the legal consequences of buying and selling land that have been certified if the seller does not submit the master certificate is the delay in the registration process for the transfer of land rights for the sale and purchase of part of the land. In Case Number 20/Pdt.G/2020/PN Bogor, the process of registering the transfer of land rights for the sale and purchase of part of the land is carried out by the seller's heirs by submitting a certificate application to the Bogor City Land Office. One of the requirements for the registration application is not fulfilled, namely the absence of the original master certificate of Ownership No. 94/Pabaton to be processed for splitting at the Bogor City Land Office. The judge's consideration in Case Number 20/Pdt.G/2020/PN Bogor in the sale and purchase of some land, namely the Bogor District Court Judge only gave legal considerations to the arguments put forward by the plaintiff, this was because Defendant 1 and Defendant 2 did not come before the court. in court and did not ask another person to appear as his proxy, so he must be declared absent. Based on the considerations made, the Panel of Judges is of the opinion that the plaintiff's claim can be granted in its entirety with verstek, so that the petitum regarding granting the plaintiff's claim in its entirety must be granted.

Item Type: Thesis (Skripsi)
Subjects: Fakultas Hukum > Hukum Perdata > Jual Beli
Fakultas Hukum > Umum > Tanah/Pertanahan
Divisions: Fakultas Hukum > Ilmu Hukum
Depositing User: PERPUSTAKAAN FAKULTAS HUKUM UNPAK
Date Deposited: 03 Sep 2022 04:03
Last Modified: 08 Sep 2022 07:33
URI: http://eprints.unpak.ac.id/id/eprint/3886

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