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All Journal Jurnal Hukum Volkgeist LEGAL BRIEF
Andi Suryaman Mustari Pide
Universitas Hasanuddin
Arts Humanities Law, Crime, Criminology & Criminal Justice

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Juridical Analysis of the Implementation of Buying and Selling Former Customary Land in Wajo Regency Andi Baso Mappangile; Andi Suryaman Mustari Pide; Kahar Lahae
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (245.151 KB)

Abstract

Regarding the buying and selling used customary land without signing in front of the Camat as the temporary PPAT that occurred in the Wajo area, this has certainly become a legal problem. This problem is related to the authentication of the land transaction deed as the principle of land registration at the National Land Agency of Wajo Regency. The research method in this study uses empirical legal research (law in action), which is to examine and analyze the workings of law in society, using a sociology of law approach. The legal sociology approach is an approach that analyzes how the reaction or interaction occurs when the norm system works in society. With the results of the study, although the signing of the deed of sale by the parties concerned, the seller, buyer and witnesses were not carried out before the authorized PPAT, in this case the PPAT of the Camat, if there was no legal problem (dispute) then the deed of sale and purchase was still considered as an authentic deed because physically in the form of the deed of sale there are signatures of the parties concerned, namely the seller, the buyer, the witnesses and the PPAT itself. The implementation of the sale and purchase of former property rights (custom) in Wajo Regency which is carried out before the Village Head is basically not in accordance with land law in Indonesia. This is because since the UUPA was enacted, only deeds made by authorized officials (PPAT) can be used as the basis for the transfer of land rights as stated in Article 37 paragraph (1) Government Regulation no. 24 Years l997.
The Power of Detailed Evidence as a Base on Land Rights Ulfa Nisrina Sahib; Andi Suryaman Mustari Pide; Muhammad Ilham Arisaputra; Faharudin Faharudin
Jurnal Hukum Volkgeist Vol. 7 No. 1 (2022): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v7i1.1993

Abstract

The strength of the proof of detail as the basis for land rights. This study was conducted to analyze the position of the detail as the basis for land rights in proving community ownership of land and to analyze the legal protection of land tenure by the community based on the detail as the basis for their rights. This research uses empirical legal research. The results of the study show that (1) the position of detail as the basis for land rights in proving land ownership by the community, namely before the issuance of the UUPA, detail was proof of ownership of land rights. Along with the enactment of the UUPA and Government Regulation Number 24 of 1997 concerning Land Registration, the Details are no longer as evidence of land rights, but as evidence of a person's control over the controlled land, so that if it is not corroborated with other evidence, the Details cannot be used absolutely as a tool. proof of ownership of land in the trial; and (2) legal protection of land tenure by the community based on details as the basis for their rights, namely that they have not yet fully received legal protection. So that in order to obtain legal certainty and protection.
Co-Authors Andi Baso Mappangile FAHARUDIN FAHARUDIN Kahar Lahae Muhammad Ilham Arisaputra Ulfa Nisrina Sahib