Diponegoro Law Review
Vol 8, No 2 (2023): Diponegoro Law Review October 2023

LEGALIZE CUSTOM-RELATED LANDOWNERSHIP TRANSACTIONS: THE INDONESIAN EXPERIENCE

Abdul Wahid (Faculty of Law, Universitas Muhammadiyah Cirebon)
Siti Malikhatun Badriyah (Faculty of Law, Universitas Diponegoro)
Ahmad Muhamad Mustain Nasoha (Faculty of Sharia, UIN Raden Mas Said)
Zamzami Zamzami (Faculty of Sharia, Imam Syafi'
i Hadhramaut University)



Article Info

Publish Date
31 Oct 2023

Abstract

The secret sale of land raises changes in certificate ownership dilemma. The absence of seller during creation of the Deed of Sale and Purchase (AJB) poses a severe obstacle, coupled with the buyer's lack of knowledge. Another constraint is buyer's inability to create a deed due to seller's unknown address. This research highlights buyer's efforts to overcome obstacles in transferring land certificates from off-the-record land transactions. This is a normative legal approach through literature analysis. The results show that buyers can overcome obstacles by filing a lawsuit for unlawful actions in the district court where the land is located. This lawsuit is related to unlawful actions by the defendant, such as rejection or hindrance to changing the land certificate's name. Through the trial, the court can issue an order instructing the National Land Agency (Badan Pertanahan Nasional or BPN) to transfer the land certificate in the buyer's name. Even without the Deed of Sale and Purchase (AJB), the court order serves as a legal basis for BPN to execute this process. Upon completion, the buyer obtains legal certainty regarding land ownership, and despite lacking AJB, the renamed land certificate becomes valid proof of the buyer's land ownership.

Copyrights © 2023






Journal Info

Abbrev

dlr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Diponegoro Law Review (Diponegoro Law Rev. - DILREV) is a peer-reviewed journal published by Faculty of Law, Diponegoro University. DILREV published two times a year in April and October. This journal provides immediate open access to its content on the principle that making research freely ...