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All Journal The International Journal of Politics and Sociology Research
FX. Arsin Lukman
Universitas Indonesia, Indonesia
Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal force of PPJB if not registered at the land office according to article 127 letter B of Permen ATR/KBPN number 16 year 2021 Firyal Arva Ovala; FX. Arsin Lukman
The International Journal of Politics and Sociology Research Vol. 11 No. 1 (2023): June: Law, Politic and Sosiology
Publisher : Trigin Publisher

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Abstract

The background of this research is the release of the provisions of Article 127 Letter B Permen ATR/Ka-BPN Number 16 regarding the registration of a Sale and Purchase Agreement (PPJB). Based on this background, the purpose of this research is to examine: (1) the legal position of PPJB in buying and selling transactions; (2) the legal effect of PPJB registration to the Land Office on the legal status of PPJB. This research approach is qualitative. Secondary data collection techniques through satisfaction studies. The results showed that generally, the buying and selling process using the PPJB structure is legally deemed to have not occurred a juridical surrender (juridische levering) or physical submission (levering) in the sale and purchase. In order for a juridical and physical handover from the seller to the buyer, the buying and selling process with the PPJB must be followed up with a Sale and Purchase Deed (AJB. Related to Article 127 Letter B Permen ATR/Ka-BPN Number 16 of 2021 that interested parties can submit requests for recording agreements sale and purchase agreement or lease agreement on registered land with the Land Office; hence legally there is no legal effect of PPJB registration to the Land Office. Such registration does not strengthen or weaken the legal status of PPJB. Likewise, there are no legal sanctions when a PPJB is registered at the Land Office.
Horizontal legal protection for building owners on the execution of land in a horizontal perspective Briggita Naomi Hutagalung; FX. Arsin Lukman
The International Journal of Politics and Sociology Research Vol. 11 No. 2 (2023): September: Law, Politic and Sosiology
Publisher : Trigin Publisher

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Indonesian land law adheres to the principle of horizontal distribution. The principle of flat settlement refers to the principle that the buildings and plants on the land do not belong to the land. Land rights do not necessarily include ownership of buildings and factories. Legal actions against land do not necessarily include legal actions against buildings and plants. The approach used in this study is an active legal approach, namely the act of acting or enforcing normative legal provisions for every legal event that occurs in society. The results of the discussion are: 1) The legal consequences of the principle of horizontal distribution in law. From the transfer of land rights it can be concluded that the principle of horizontal distribution applies to buying and selling land without building a house. The difference between the legal subject of the land owner and the legal subject of the building owner. 2) Legal protection against the application of the principle of equity in transferring land rights to parties who control land and/or buildings in good faith.
Co-Authors Briggita Naomi Hutagalung Firyal Arva Ovala