Analisis Yuridis Terhadap Jual Beli Tanah Di Bawah (Studi Perkara Perdata Putusan Pengadilan Negeri Blitar Nomor 27/Pdt.G/2013/Pn.Blt Dan Putusan Nomor 07/Pdt.G/2015/Pn.Blt
| Main Authors: | Robi’ah, Siti, Dr. Prija Djatmika,, S.H.M.S, Dr. Abdul Majid,, S.H.M.Hum |
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| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2018
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| Subjects: | |
| Online Access: |
http://repository.ub.ac.id/id/eprint/195301/1/Siti%20Robi%E2%80%99ah.pdf http://repository.ub.ac.id/id/eprint/195301/ |
Daftar Isi:
- Sale and purchase process performed privately could lead to an issue. Similarly, an issue may come up when one of the parties involved in the sale and purchase passes away while the land purchased has been passed down to his/her hairs. Any sale and purchase done privately triggers a problem for heirs, leading to unsettled dispute of the land not being able to be transferred to a land buyer. This research observed civil case of the Decision of District Court in Blitar Number 27/Pdt.G/2013/PN.Blt and the Decision Number 07/PDT.G/2015/PN.Blt. The main issues discussed in this research comprise: what implications are caused by the judge’s consideration (rasio desidendi) in the Decision of District Court in Blitar Number 27/Pdt.G/2013/Pn.Blt and Decision Number 07/Pdt.G/2015/Pn.Blt regarding the different decisions given to the same cases, and what legal protection was provided for the land buyer whose sale and purchase process was performed privately and was not recognised by heirs in terms of the sale of right of land by a testator/testatrix. This research employed normative method with statute, case, and conceptual approach related to sale and purchase agreement done privately. Primary and secondary legal materials were obtained from laws, law books and library research related to privately performed land sale and purchase. The research results revealed that a dispute took place in the process of sale and purchase performed privately regarding the Decision of District Court Number 27/Pdt.G/2013/Pn.Blt and Decision Number 07/Pdt.G/2015/Pn.blt, in which in the former, the sales and purchase of land is only a part of the object in dispute. Therefore, the Decision cannot be responsible for title transfer in National Land Agency. In this situation, it requires the solution given by Land Deed Official (PPAT) then followed by inheritance title transfer and sale and purchase title transfer. The latter Decision, however, does not have any notarial deed, in which the object in dispute was sold and dominated by a buyer, so that the consideration made by the board of judges, the Decision, could serve as the basis in title transfer performed in National Land Agency. The agreement of sale and purchase of land should be made based on good faith which seems to serve as a preventive legal protection before any dispute arises. The repressive legal protection, however, may be performed when a dispute has taken place. The repressive step is performed by filing a lawsuit in the court. The lawsuit is aimed to protect parties whose rights are violated and to provide legal protection and achieve justice. To protect rights and obligations, people must act based on regulations applied. When the involved parties fail to settle the dispute without involving court, then the harmed parties could bring the case to the court to settle the dispute