BAMETI Customary Law Review
Vol 2 No 1 (2024): Juni 2024 BAMETI Customary Law Review

Surat Penyerahan Tanah Sebagai Instrumen Jual Beli

Sinaga, Roulinta Yesvery (Unknown)



Article Info

Publish Date
08 Jun 2024

Abstract

This study analyzes the position of land transfer letters as instruments for the sale and purchase of land conducted informally, particularly for uncertified land. This normative legal research focuses on the legal aspects of land transfer based on relevant laws, regulations, and customary law. The results indicate that although the sale and purchase of uncertified land are prone to disputes, this practice remains prevalent due to various reasons, including lack of procedural knowledge, avoidance of administrative costs, and the perceived simplicity of the process. Land transfer letters can function as the initial evidence of land possession and ownership by the buyer. Although not explicitly regulated by law, land transfer letters adhere to the principle of freedom of contract and are widely accepted in practice. These letters contain elements similar to sale and purchase deeds but with simpler formalities and witnesses. However, the existence of these letters has weaknesses, such as a lack of strong legal evidence and potential future conflicts. Therefore, this study suggests separate agreements regarding repurchase prices, timeframes, and voluntary sales submissions to avoid future disputes.

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Journal Info

Abbrev

bameti

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

BAMETI Customary Law Review, which is abbreviated as (BAMETI Customary Law Rev.), is a peer-reviewed media managed and published by the Center for Coastal and Customary Law Community Studies, Faculty of Law, University of Pattimura. BAMETI Customary Law Review publishes scientific papers in the ...