Legal Certainty of the Position of the Selling and Purchase Deed Due to Land Rights Claims in Padang Pariaman Regency

Abstract

Land is an object that can provide welfare to the owner or those who control it, because land is an object that has a relatively increasing value from year to year. Land that has strategic value is vulnerable to the occurrence of a problem. For example, what happened at the Obsolete Market, Padang Pariaman, where there was a sale and purchase transaction, when all processes had been carried out and prepared, it turned out that the object was a lawsuit during AJB's registration to BPN Padang Pariaman. The problems examined in this thesis are: 1) How is the legal certainty of the position of the Sale and Purchase Deed due to a claim for land rights in Padang Pariaman Regency? 2) How is the protection of land rights holders due to a lawsuit over land rights in Padang Pariaman? The approach method used in this research is the normative juridical method. This research uses an approach to the principles of law and legislation. The data used are primary data and secondary data. Sources of data collected through the study of documents or library materials. The data obtained were processed through editing and coding, then analyzed using qualitative analysis. Furthermore, the data is presented descriptively. Based on the results of the study, the authors conclude: 1) Legal certainty over the position of AJB which has been signed by the parties, witnesses and PPAT, because of the lawsuit, the AJB for 7 days has ended. And the parties must wait for a decision that is inkrah before continuing the process of registering the transition to BPN Padang Pariaman 2) Protection of the holders of land rights who have made the sale and purchase transactions are, not immediately abolished their rights to the land. It's just that the buyer does not have to pay the entire value of the sale and purchase until a judge's decision is made, and until the process of transferring rights can be carried out. If the judge's decision is in favor of the plaintiff, the buyer's money will be returned.