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Journal : LEGAL BRIEF

Authority Of The Village Head In Transfer Of Rights To Traditional Land Law Perspective Land Registration Suyanto
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (248.829 KB) | DOI: 10.35335/legal.v11i3.350

Abstract

The Village Head as the lowest government apparatus has very strategic tasks in assisting the Head of the Land Office in carrying out land registration including the making of land sale and purchase deeds in accordance with applicable laws and regulations. The procedure for the sale and purchase of land rights has been determined according to the applicable provisions, namely Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles. The transfer of title to land that is not yet certified as buying and selling land must be proven by a deed drawn up by and in front of the official deed of land deed or PPAT. To guarantee legal certainty in the sale and purchase of land can only be done on land owned based on land rights, meaning that the object of land is validated with proof of ownership of land rights in the form of a certificate. Therefore, the task of the Village Head is expected to be a motivator for the community who hold land rights so that they have the awareness to buy and sell land in front of the PPAT rather than in front of the Village Head, because until now there are no regulations governing strict sanctions against the village head in exercising his authority regarding the transfer of rights.
Validity of Selling Plants of Land with Credit in The Prespective of National Agrarian Law Suyanto; Mokh Thoif; Subekti
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 (453.217 KB) | DOI: 10.35335/legal.v11i5.581

Abstract

In meeting the personal and social needs of the community for land in everyday life and with limited purchasing power in the midst of an economic downturn due to the Covid-19 pandemic and limited availability of residential land, for land sellers it is carried out by providing land through plots of land in the form of plots -Plots are ready to build while for buyers it is done by installment or credit. This research is a normative research that examines various laws and regulations, norms, concepts and jurisprudence using a conceptual, statutory and philosophical approach. In making a sale and purchase agreement Land sale and purchase agreements are generally subject to articles 1457, 1458 and 1459 Burgelijk wet Boek (BW), which require a seller and a buyer and the legal terms of the agreement as stipulated in article 1320 BW, which are marked by an agreement and the surrender of the object (levering) but since the enactment of the Basic Agrarian Law the provisions for buying and selling land are subject to customary law, namely carried out with the cash and clear concept.