Legal Spirit
Vol 7, No 2 (2023): Legal Spirit

Pemenang Lelang Eksekusi terhadap Jaminan Tanah yang Belum Bersertifikat

Sugianto, M Udik (Unknown)
Amboro, Florianus Yudhi Priyo (Unknown)
Hutauruk, Rufinus Hotmaulana (Unknown)



Article Info

Publish Date
02 Dec 2023

Abstract

The large number of people who do not have proof of land ownership is an obstacle in obtaining credit from banks. However, responding to this, the bank allows the bank to be able to accept credit submitted to it. However, it becomes a problem when the auction winner wants to transfer the rights to the land, it cannot be done because the land has not been certified, which results in the auction winner not being able to pay the BPHTB. The research method used is normative legal research. Legal regulations regarding auctions for land that have not been certified are contained in Article 41 Paragraph 4 of the PP on land registration, Articles 76 and 108 of the Regulation of the Minister of Land Registration, Article 34 of PMK Implementation of auctions. Meanwhile, the conflict that occurred was Article 83 of the PMK for the Implementation of the Auction, which required the auction winner to pay BPHTB, while Article 2 of the BPHTB Law states that land that has not been certified does not include land rights. The solution provided by the author is: the head of the land office and the head of the KPKNL provide concessions for BPHTB payments and change the laws and regulations related to allowing uncertified land to be auctioned.

Copyrights © 2023






Journal Info

Abbrev

jhls

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Legal Spirit journal is managed by the Postgraduate Masters of Law, Universitas Widya Gama Malang. Legal Spirit Journal can be used as a reference in an effort to achieve the ideals of the rule of law that everyone dreams of in accordance with Pancasila and the 1945 Constitution. LEGAL SPIRIT ...