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Tumpang Tindih Sertifikat Tanah Aziziyah, Alvina Nur; Tien Fitriyah, Mas Anienda
Legal Spirit Vol 7, No 2 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.4807

Abstract

Overlapping land certificates (Overlapping) is a situation where there are land parcels that overlap with other land parcels and there are multiple certificates for the same land parcel. This study aims to determine the causes of overlapping land certificates (overlapping) both in terms of internal factors and external factors and legal remedies for settlement and future legal remedies to overcome overlapping land certificates (overlapping). This research uses empirical juridical methods or research in the field that examines the implementation or implementation of applicable legal provisions and facts that occur in society. Data collection was carried out by field studies. Data analysis was carried out using qualitative analysis methods and using a qualitative approach. The results of this study indicate that the causes of overlapping certificates (overlapping) are digitalization and also a lack of land maintenance by the community. The legal effort that can be taken to resolve the dispute is by canceling the certificate which of course has gone through several stages of the process and the future legal action is to routinely conduct outreach to certificate holders and the Ministry of Agrarian Affairs/BPN will immediately carry out electronic certificates in order to reduce overlapping land certificates (overlapping).
Tinjauan Yuridis Terhadap Penjualan Tanah pada Pihak Penjual Sedang dalam Masa Tahanan Fadilla Wata, Audivna Putri; Tien Fitriyah, Mas Anienda
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1093

Abstract

The purpose of this study is to examine the skills of the seller who is currently in detention in making a sale and purchase deed, the validity of the sale and purchase deed if the provisions of Article 22 of Government Regulation Number 37 of 1998 concerning Position Regulations for Land Deed Making Officials in the form of reading the deed are not fulfilled and how it is implemented Article 22 Government Regulation Number 37 of 1998 concerning the Position Regulations for Land Deed Officials in the field. This study uses empirical juridical legal research methods, which examines the applicable legal provisions and what actually happens in society. The results of the study show that the seller who is currently in detention is legally competent to make a Sale and Purchase Deed as long as he is an adult and not under the supervision of another person. A sale and purchase deed is valid as long as it complies with Article 1320 of the Civil Code, although it does not comply with the provisions of Article 22 of Government Regulation Number 37 of 1998 concerning Position Regulations for Officials Making Land Deeds in the form of not being read out first by the PPAT before being signed by the parties. Implementation of Article 22 of Government Regulation Number 37 of 1998 concerning Position Regulations for Officials for Making Land Deeds in the form of reading the deed before signing can be done through a Power of Attorney or direct signing to the Penitentiary. Thus, even though one of the parties is currently under detention in this case the seller, the provisions of Article 22 PP Number 37 of 1998 concerning PPAT Position Regulations will still be fulfilled, not eliminating or violating the provisions of Article 22 PP Number 37 of 1998 concerning Regulations for the Position of Making Officials Land certificate.