PERLINDUNGAN TERHADAP PIHAK KETIGA YANG BERITIKAD BAIK DALAM PROSES JUAL BELI TANAH (Ditinjau Dari Putusan Pengadilan Negeri Denpasar Nomor 800/Pdt.G/2013/PN.Dps dan Putusan Pengadilan Negeri Palembang Nomor 3/Pid.Sus-TPK/2014/PN.Plg)
| Main Author: | Siregar, Daniel Alexander |
|---|---|
| Format: | Book application/pdf Journal |
| Terbitan: |
UI Scholars Hub
, 2021
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| Subjects: | |
| Online Access: |
https://scholarhub.ui.ac.id/dharmasisya/vol1/iss3/8 https://scholarhub.ui.ac.id/cgi/viewcontent.cgi?article=1090&context=dharmasisya |
Daftar Isi:
- Of the many cases of land emerging in Indonesia often collide with many aspects of application, namely the clash between national law/positive law and the original law/customary law on the local community, or clash with multiple ownership of a land object. To examine this issue, it is of course worth a further review of why this can happen, and need to reflect on whether what makes this phenomenon appear to be so difficult to find a definite solution. Then it can not be denied again the rise of land brokering practices that make Indonesia increasingly becoming a very difficult country to find justice and legal certainty in the stage of completion. The practice of law violations in the land affairs in Indonesia indicates that there are many people who have interest in owning land in Indonesia both from within and outside the country. Given this complex issue in the land world, it becomes even more interesting to talk about the philosophy of the land, whether the land is state property or can be granted ownership to a non-state legal subject. This is very necessary to get a little fundamental understanding, so no one will later if faced with the problem of ownership of the land. In the constitution of the state of Indonesia (UUD 1945) Article 33 paragraph (3) states "Earth and water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people." Looking at the contents of this constitution, it is very clear that involvement major in the Indonesian land corridor lies in the country. In this writing, the author discusses the relationship and existence of third parties in the corridor of land sale and purchase, which also can not be separated from the Indonesian constitution which should provide legal certainty. This also needs to be interpreted by how the real ownership of land rights in Indonesia that is reasonable and in accordance with applicable law in Indonesia. In the present discussion there are cases of contested land ownership rights, which previously had disputes in the Denpasar District Court which have been of permanent legal force (inkracht van gewijsde). Key words : Land, Legal Certainty, Constitution, Land Rights.