Jurnal IUS (Kajian Hukum dan Keadilan)
Vol. 12 No. 1: April 2024: Jurnal IUS Kajian Hukum dan Keadilan

Reformulation of Sale And Purchase Agreement Regulations in Creating Legal Certainty and Justice in The Transfer of Land Rights in Indonesia

Fathoni, M. Yazid (Unknown)
Sulistiyono , Adi (Unknown)
Karjoko, Lego (Unknown)



Article Info

Publish Date
26 Apr 2024

Abstract

Even though Indonesia has promulgated Act Number 5 of 1960 concerning Basic Agrarian Principles Regulations, this regulation cannot provide legal certainty and justice for the parties in the sale and purchase of land rights agreements. When judges decide cases involving property rights sale and purchase agreements, they base their decisions on legal procedures and sources, which demonstrate this uncertainty and injustice. The legal sources as references are varied, sometimes BW (Burgerlijk Wetboek, Adat Law (Customary Law), or Act Number 5 of 1960 with Government Regulatiion Number 24 of 1997. This article uses a normative legal research method. In analysis, to create a land rights sale and purchase agreement that can provide legal certainty and justice, the issue needs to be regulated, especially regarding the issue of the various legal sources, and the responsibility of the state in providing legal certainty. For sales and purchase agreements to provide legal certainty and justice, the state must move from a negative publication system to a positive publication system to realize the constitutional rights of Indonesian citizens in Article 28 D UUD 1945.

Copyrights © 2024






Journal Info

Abbrev

IUS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal IUS established December 2012, is an institution that focuses on journal development for post graduate students and all law activists in general and specialised topics. Journal IUS publishes three times a year and articles are based on research with specific themes. Jurnal IUS was founded ...