Legal Certainty on Sale and Purchase Deed Made by the District Head of Sutera District, South Pesisir Regency as Temporary Land Deed Official (Study on Sale and Purchase Deed Number 180/AJB/CS-2017)

Putri Suci Amanda, Yulia Mirwati, Zefrizal Nurdin

Abstract


The society’s need of legal certainty on land ownership nowadays is very crucial and is a vital part in society’s life. Thus, every element in life related to the implementation and law enforcement must have same parameter which is the achievement of legal certainty. The problem of this research is how the legal certainty of Sale and Purchase Deed Number 180/AJB/CS-2017 in which its registration is rejected by the Head of Land Department of South Pesisir Regency. The objective of this research is to know the legal certainty of Sale and Purchase Deed Number 180/AJB/CS-2017 in which its registration is rejected by the Head of Land Department of South Pesisir Regency. The method used in this research is normative judicial. The research is analytical descriptive. All research data are analyzed by qualitative way. This research’s result is Sale and Purchase Deed Number 180/AJB/CS-2017 in which its registration is rejected by the Head of Land Department of South Pesisir Regency because the deed does not fulfill objective requirement which is contradicting with the regulation of Article 12 subsection (2) Government Regulation Number 24 of 2016 regarding Amandment on Government Regulation Number 37 of 1998 regarding the Position of Land Deed Official. The deed is made out of the authority of the Head of Sutera District, South Pesisir Regency as the temporary Land Deed Official. Besides, it makes the deed illegal based on law. Therefore, the deed is no longer functioning as a proof of legal action which provides legal certainty guarantee on sale and purchase made by the parties.


Keywords


Legal Certainty; Sale and Purchase Deed; Temporary Land Deed Official

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References


Books

Adjie, Habib, 2011, Creating A Thinking in Notary World & Land Deed Official, PT Citra Aditya Bakti, Bandung.

Adjie, Habib, 2015, Nullification and Cancellation of Notary Deed, PT Refika Aditama, Bandung.

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Legislation

Circular Letter of Agrarian Directorate of West Sumatera Province Number DA-6980/III/2F/1983.

Civil Code;

Criminal Code;

Government Regulation Number 24 of 1997 regarding Land Registration;

Government Regulation Number 24 of 2016 regarding Amendment of Government Regulation Number 37 of 1998 regarding Regulation of Land Deed Official;

Government Regulation Number 36 of 2017 regarding Tax Giving on Particular Revenue in Form of Clean Property Considered as Revenue;

Government Regulation Number 40 of 1996 regading Business Value Right, Building Value Right, and Use Right on Land;

Law Number 20 of 2000 regarding Amendment of Law Number 21 of 1997 regarding Acquisition Duty of Right on Land and Building;

Law Number 4 of 1996 regarding Security Right on Land and Its Properties related to Land

Law Number 5 of 1960 regarding Basic Regulation of Agrarian Fundamentals;

President Regulation Number 10 of 2006 regarding National Land Agency;

Regulation of Agrarian and Agriculture Minister Number 2 of 1962 regarding Conversion Comformation and Indonesia’s Former Rights Registration on Land;

Regulation of National Land Agency Head Number 23 of 2009 regarding Amendment of Regulation of National Land Agency Head Number 1 of 2006 regarding Implementation Regulation of Government Regulation Number 37 of 1998 regarding Position of Land Deed Official

Regulation of National Land Agency Head Number 8 of 2012 regarding Amendment of Regulation of Agrarian Affairs Minister/National Land Agency Head Number 3 of 1997 regarding Implementation Regulation of Government Regulation Number 24 of 1997 regarding Land Registration.

the 1945 Constitution;

Internet

Central Bureau of Statistics of South Pesisir Regency, Number of Population of South Pesisir Regency, 2014-2017, 2019, https://pesselkab.bps.go.id,. Accessed on April 13, 2019 at 10:45 WIB.




DOI: http://dx.doi.org/10.18415/ijmmu.v6i2.748

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